Jai Bhagwan & Ors. v. State NCT of Delhi and Anr

Delhi High Court · 20 Apr 2026 · 2026:DHC:3348
Manoj Jain
CRL.M.C. 2979/2026
2026:DHC:3348
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR under Sections 498A, 406, 509, and 34 IPC based on a mutual settlement and exercised inherent powers under Section 528 CrPC.

Full Text
Translation output
CRL.M.C. 2979/2026 1
HIGH COURT OF DELHI
Date of Decision: 20th April, 2026
CRL.M.C. 2979/2026&CRL.M.A. 12086/2026
JAI BHAGWAN & ORS. .....Petitioner
Through: Mr. Nagender Kasana with Mr. Vikas Awana, Mr. Akash Chourdhary, Advocates.
VERSUS
STATE NCT OF DELHI AND ANR .....Respondent
Through: Ms. Priyanka Dalal, APP with SI Lokesh Kumar.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 184/2023 dated 17.03.2023, registered at Police Station Govind Puri, for commission of offences under Sections 498A/406/509/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 04.12.2017, as per Hindu rites and customs. No child is born from the abovesaid wedlock.

3. However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

4. She has also made allegations against her brother-in-law and father-in-law that they used to indulge in obscene acts/gestures.

5. Charge-sheet has yet not been filed. CRL.M.C. 2979/2026 2

6. However, when the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Mediation centre, Saket Court, New Delhi at 09.01.2025.

7. It is in the abovesaid backdrop that quashing is being sought.

8. Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.

9. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 08.12.2025. She states that she has agreed to accept a total sum of Rs. 8,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs. 6,00,000/- and the balance amount of Rs. 2,00,000/- has been received today in cash. She states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed.

10. 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.

11. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

12. Consequently, to secure the ends of justice, FIR No. 184/2023 dated 17.03.2023, registered at Police Station Govind Puri, for commission of CRL.M.C. 2979/2026 3 offences under Sections 498A/406/509/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners’ depositing total cost of Rs. 20,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost along with original affidavits of the parties be submitted before the learned Trial Court within further two weeks.

13. The petition stands disposed of in aforesaid terms.

14. Pending application also stands disposed of.

JUDGE APRIL 20, 2026/sw/pb