Amit Madhwal & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 21 Apr 2026 · 2026:DHC:3314
Girish Kathpalia
W.P.(CRL) 120/2026
2026:DHC:3314
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from matrimonial disputes on the ground of compromise and settlement between the parties, with the State's consent.

Full Text
Translation output
W.P.(CRL) 120/2026
HIGH COURT OF DELHI
Date of Decision: 21.04.2026
W.P.(CRL) 120/2026
AMIT MADHWAL & ORS. .....Petitioners
Through: Mr. Sumeet Verma, Sr. Advocate with Mr. Nitesh Mehra, Mr. Aakash Gupta and Mr. Anant Kr. Jain, Advocates.
VERSUS
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Anand V. Khatri, ASC for State with ASI Jay Prakash Singh, PS
Burari.
Mr. Sandeep Kumar Dedha and Mr. Prateek Sharma, Advocates for R-2 with R-2 in person (through videoconferencing).
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of case FIR No. 614/2025 of PS Burari for offence under Section 85/316(2)/351(2)/3(5) of BNS on the ground that the complainant de facto (respondent no.2) has compromised the disputes with the petitioners.

2. In furtherance of order dated 14.01.2026, statements of parties were recorded by the Joint Registrar concerned. Today, I have again spoken with respondent no.2, who has appeared through videoconferencing and is W.P.(CRL) 120/2026 pages identified by IO/ASI Jay Prakash of PS Burari.

3. Respondent no.2 submits that she has settled all her matrimonial disputes with the petitioners and has received her entire stridhan as well as full and final settlement amount towards her maintenance/alimony. There is no child born from wedlock of petitioner no.1 and respondent no.2. Marriage between petitioner no.1 and respondent no.2 stands dissolved by way of decree of divorce with mutual consent. Respondent no.2 submits that now she does not wish to pursue the subject prosecution of the petitioners.

4. Learned senior counsel for petitioners has taken me through the statements of parties recorded before the Joint Registrar.

5. Learned ASC assisted by IO/ASI Jay Prakash submits that State has no objection to this petition.

6. Having examined the statements of parties and having spoken with respondent no.2, I am satisfied that it would be in the interest of justice not to push the parties through full dress trial.

7. Therefore, the petition is allowed and accordingly, FIR No. 614/2025 of PS Burari for offence under Section 85/316(2)/351(2)/3(5) of BNS as well as proceedings arising out of the same are quashed.

GIRISH KATHPALIA (JUDGE) APRIL 21, 2026