Shri Praveen Upadhyay and Ors. v. The State NCT of Delhi and Anr.

Delhi High Court · 05 Feb 2026 · 2026:DHC:1014
Manoj Jain
CRL.M.C. 982/2026
2026:DHC:1014
criminal petition_allowed

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The Delhi High Court quashed a criminal FIR under Sections 498-A, 406, 506, and 34 IPC arising from a matrimonial dispute following an amicable settlement and mutual consent divorce, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 982/2026 1
HIGH COURT OF DELHI
Date of Decision: 05th February, 2026
CRL.M.C. 982/2026 & CRL.M.A. 3866/2026
SHRI PRAVEEN UPADHYAY AND ORS. .....Petitioners
Through: Mr. Rabindra Kumar with Mr. Mohit Chopra, Advocates with petitioner
No.1 in person and petitioner Nos.2 and 3 through V.C.
VERSUS
THE STATE NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Raj Kumar, APP for the State with
SI Vikas Kumar, PS Kalyan Puri.
Mr. Rakesh Mohan, Ms. Achala, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 338/2022 dated 26.03.2022, registered at P.S. Kalyanpuri, for commission of offences under Sections 498-A/406/506/34 of IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Petitioner No.1 got married to respondent No.2 on 06.05.2019 as per Hindu rites and ceremonies. However, due to certain temperamental differences, the parties started living separately.

3. On account of matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of abovesaid FIR.

4. Charge-sheet has already been filed. CRL.M.C. 982/2026 2

5. Fortunately, all the disputes relating to the abovesaid marriage, have been amicably settled under the aegis of Mediation Centre, Karkardooma Courts on 05.03.2025.

6. In terms of such settlement, parties have already obtained divorce by way of mutual consent on 04.10.2025.

7. Petitioner No.1 is present in Court and petitioner Nos.[2] and 3 have joined the proceedings through video-conferencing.

8. Respondent No.2 is present and is represented by her counsel. The Investigating Officer (I.O.) is present and identifies her.

9. Respondent No.2 has also filed an affidavit stating therein that since she has settled all her disputes with the petitioners amicably, she would have no objection if the present FIR is quashed.

10. During the course of arguments, when asked, Respondent No.2 reiterated the terms of settlement and agreed to accept a sum of Rs. 6.[5] lacs as full and final settlement in lieu of alimony, istridhan, maintenance for self (past, present and future). She has already received a sum of Rs.[4] lacs and the balance amount of Rs.2.[5] lacs has been received by her today during the course of proceedings, by way of Demand Draft bearing No. 216731 dated 02.02.2026 drawn on UCO Bank.

11. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

12. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. CRL.M.C. 982/2026 3

13. Consequently, to secure the ends of justice, FIR No. 338/2022 dated 26.03.2022, registered at P.S. Kalyanpuri, for commission of offences under Sections 498-A/406/506/34 of IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing cost of Rs.15,000/- with Delhi High Court Staff Welfare Fund [Account NO. 15530110074442: IFSC UCBA0001553] within ten days from today.

14. The petition stands disposed of in aforesaid terms.

15. Pending application also stands disposed of.

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