In a significant ruling, the Delhi High Court dismissed a petition seeking to quash an FIR registered under Sections 498A (cruelty by husband or relatives), 406 (criminal breach of trust), and 34 (common intention) of the Indian Penal Code (IPC). The case, titled Chhail Bihari and Others vs. The State of Delhi and Another, was decided by Justice Girish Kathpalia on August 5, 2025. The court emphasized the importance of protecting the interests of minor children and condemned the attempt to settle serious criminal allegations as an abuse of the judicial process.
Background of the Case
The petitioners, who were the in-laws of the complainant (respondent no. 2), sought the quashing of FIR No. 417/2022 filed at Nand Nagri Police Station. They argued that the complainant had settled the disputes with them. The complainant, a widow raising two children, was present in court and identified by the Investigating Officer (IO), SI Gaurav Yadav. During the proceedings, Justice Kathpalia interacted with the parties in Hindi, considering their socio-economic and educational backgrounds.
The complainant revealed that no settlement had been reached regarding her maintenance, alimony, or the return of her stridhan (personal property). Additionally, no provisions were made for the maintenance of her minor children. The petitioners’ counsel explained that they had withdrawn a complaint filed under Section 306 IPC (abetment of suicide) against the complainant, alleging that her husband had taken his own life.
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Justice Kathpalia expressed deep concern over the withdrawal of the Section 306 IPC complaint. He noted that if the complaint had any merit, withdrawing it would amount to injustice to the deceased. The judge remarked:
"Such kind of bartering of prosecutions is certainly an abuse of the process of the Court, which cannot be sanctified by invoking inherent powers, that too when minor children of the deceased are left without their future being secured."
The court found it unusual that the family members of the deceased would withdraw a complaint alleging abetment of suicide if it were genuine. This raised serious doubts about the intentions behind the settlement and the petitioners’ motives.
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Decision and Implications
The court dismissed the petition and the pending application, refusing to quash the FIR or the subsequent proceedings. Justice Kathpalia underscored that the interests of justice would not be served by allowing such settlements, especially when the welfare of minor children was at stake.
This ruling highlights the judiciary’s commitment to ensuring that criminal cases, particularly those involving domestic violence and the welfare of vulnerable parties, are not trivialized or settled without due consideration of all consequences. It also serves as a reminder that the courts will scrutinize attempts to manipulate legal processes for personal gain.
Case Title: Chhail Bihari & Others vs. The State (NCT of Delhi) & Another
Case Number: CRL.M.C. 5269/2025 & CRL.M.A. 22752/2025