The Delhi High Court quashed an FIR registered under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute between parties who had been in a consensual live-in relationship for over 15 years. Justice Swarana Kanta Sharma allowed the petition in light of a mutual settlement and the complainant’s statement disowning the allegations but imposed a cost of ₹20,000 on the complainant for misuse of the criminal process.
The petitioner and respondent no. 2 had been cohabiting as husband and wife since 2019, despite the petitioner being legally married to another woman (from whom divorce was pending). A dispute led the complainant to file a police complaint alleging physical assault, mental harassment, and sexual exploitation on the false promise of marriage.
During the proceedings, the complainant stated that the FIR was filed due to emotional and medical distress and that she no longer wished to pursue the matter. While the petitioner sought quashing of the FIR on the ground that the dispute was personal and no public interest was involved, the State opposed the petition, citing the seriousness of the allegations.
The Court, while acknowledging that the allegations were grave, emphasized that such complaints must not be filed casually. However, it also noted that compelling the accused to face trial despite the complainant’s willingness to withdraw could result in injustice, especially when the relationship was consensual and long-standing.
While allowing the quashing of FIR No. 154/2025 registered at PS Prashant Vihar, the Court imposed a cost of ₹20,000 on the complainant for initiating criminal proceedings based on a misunderstanding. The amount is to be deposited with the Delhi High Court Legal Services Committee within four weeks.
Appearances:
For Petitioner: Mr. Javed Ahmad with Ms. Monika
For State: Mr. Anand V. Khatri, ASC (Crl)
For Respondent No. 2: Ms. Aakriti Aditya
