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2025 Supreme(Online)(Del) 47123

IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J
ASHOK KUMAR PAL VS. DIRECTORATE OF ENFORCEMENT
CRL.M.C. 7806/2025 | CRL.M.A. 32702/2025



Advocates:
For the Appellants/Petitioners: Chinmaya K. Bhatt, Amrita Pandey
For the Respondents: Manjeet Arya

Criminal proceedings arising from matrimonial disputes may be quashed under Section 482 Cr.P.C./Section 528 BNSS if the parties reach a mutual settlement and divorce, as continuing such litigation serves no useful purpose and may increase acrimony.

Headnote:The petition was filed under Section 528 of BNSS/Section 482 Cr.P.C. seeking quashing of FIR No. 468/2021 registered under Sections 498A/406/34 IPC. The parties were married on 09.12.2020 but separated on 19.03.2021 due to temperamental issues, leading to the registration of the FIR. The court found that the parties had arrived at a written settlement on 19.05.2025 and subsequently obtained a decree of divorce by mutual consent on 01.08.2025. The court addressed whether the criminal proceedings should continue despite the settlement. The court reasoned that since the parties have settled all claims including streedhan and permanent alimony, and the complainant no longer wishes to prosecute, "no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them." Consequently, the petition is allowed and the FIR No. 468/2021 under Sections 498A/406/34 IPC registered at P.S. Nazafgarh, Delhi alongwith all other proceedings emanating therefrom, is quashed.

Table of Content
1. procedural handling of applications and issuance of notice in quashing petitions. (Para 1 , 2 , 3 , 4 , 5)
2. factual establishment of matrimonial dispute, mutual settlement, and divorce. (Para 6 , 7 , 8 , 9 , 10 , 11)
3. quashing of fir based on mutual settlement to prevent further acrimony. (Para 12 , 13 , 14 , 15 , 16)

O R D E R

CRL.M.A. 32702/2025

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 7806/2025

3. The present petition has been filed on behalf of the petitioner under Section 528 of BNSS/ Section 482 Cr.P.C. seeking quashing of FIR No. 468/2021 under Sections 498A /406/34 IPC registered at P.S. Nazafgarh, Delhi and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

4. Issue notice. Ms. Manjeet Arya, learned APP for State accepts notice.

5. The Petitioner, as well as, respondent no.2 have joined through VC. They have been identified by Mr. Chinmaya Bhatt, learned counsel for petitioner, as well as, by Investigating Officer W/ASI Suvidya, PS-Nazafgarh.

6. The brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 09.12.2020 according to Hindu Rites and Customs. However, on account of temperamental issues, certain disputes arose between the parties and they started living separately since 19.03.2021. The dispute between the parties also led to the registration of the present FIR.

7. During pendency of the proceedings the parties have arrived at a settlement before the Counselling Cell, Family Court, terms whereof were reduced in writing in the form of settlement dated 19.05.2025, copy of which is annexed as Annexure-11 to the present petition.

8. In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, petitioner no.1 and respondent no.2 have obtained decree of divorce dated 01.08.2025.

9. It is a term of the settlement between the parties the petitioners shall pay total sum of Rs.20,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowryarticles, maintenance (past, present and future) etc..

10. The receipt of entire amount of Rs.20,50,000/- is acknowledged by respondent no.2, who is present through VC.

11. Respondent no.2, on a query posed by the Court, states that she does not wish to prosecute criminal proceedings any further and has no objection in case the FIR is quashed.

12. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimonybetween them.

13. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

14. Consequently, the petition is allowed and the FIR No. 468/2021 under Sections 498A /406/34 IPC registered at P.S. Nazafgarh, Delhi alongwith all other proceedings emanating therefrom, is quashed.

15. The petition stands disposed of in the above terms.

16. Order be uploaded on the website of this court.

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