Himanshu Pankaj Khinchi and Ors. v. State of NCT of Delhi and Anr

Delhi High Court · 08 Apr 2026 · 2026:DHC:3018
Manoj Jain
CRL.M.C. 2606/2026
2026:DHC:3018
criminal petition_allowed Significant

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The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute following amicable settlement and mutual consent divorce, exercising inherent powers under Section 528 of the BNSS, 2023.

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CRL.M.C. 2606/2026 1
HIGH COURT OF DELHI
Date of Decision: 08th April, 2026
CRL.M.C. 2606/2026
HIMANSHU PANKAJ KHINCHI AND ORS .....Petitioners
Through: Ms. Swaty Singh Malik with Mr. Rohan Kumar, Ms. Kaushambi, Advocates with petitioners Nos.2 and
3 in person and petitioner No.1 (through V.C.)
VERSUS
STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Raj Kumar, APP for the State with
SI Ekta, PS Mangolpuri.
Mr. Yatinder Kumar Sanwariya with Ms.Anshika Singh, Advocates 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.1019/2023 dated 11.10.2023, registered at Police Station Mangol Puri for commission of offences under Sections 498A/406/34 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 12.02.2020, as per Hindu rites and ceremonies. There is no child from the abovesaid wedlock.

3. On account of matrimonial discord, a complaint was lodged by CRL.M.C. 2606/2026 2 respondent No.2, which resulted into registration of the abovesaid FIR.

4. Charge-sheet has been filed, however, charges are yet to be framed.

5. Petitioner No.1 herein had filed a divorce petition on the ground of cruelty and when the abovesaid petition was referred to Delhi Mediation Centre, Karkardooma Courts, Delhi, the parties were able to resolve all their disputes, as would be apparent from mediation order dated 15.07.2025.

6. Petitioner Nos.[2] and 3 are present in person and petitioner No.1 has joined the proceedings through video-conferencing.

7. Respondent No. 2 is present in person with her counsel and she is duly identified by her counsel and investigating officer, who is present in Court.

8. When asked, respondent No. 2 reiterates the terms of settlement as mentioned in mediation order dated 15.07.2025. She submits that there is already a divorce between them by way of mutual consent on 19.03.2026. She states that she has agreed to accept a total sum of Rs. 42,00,000/- as full and final settlement in lieu of alimony, istridhan, maintenance for self (past, present and future). She states that she has already received a sum of Rs.30,00,000/-. She submits that she has received the balance amount of Rs.12,00,000/- today through online transfer (RTGS). 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.

9. 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. CRL.M.C. 2606/2026 3

10. Keeping in mind the overall facts of the case, the fact that parties have amicably settled their all disputes, continuing with criminal proceedings would serve no useful purpose.

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.1019/2023 dated 11.10.2023, registered at Police Station Mangol Puri for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, along with all consequential proceedings arising therefrom, is quashed subject to petitioners’ depositing total cost of Rs. 20,000/- with Shahdara Bar Association Advocate Welfare Fund, Delhi (saving Account No. 90100100003204 IFSC-UCBA0002078, UCO Bank, Karkardooma Court, Delhi) within four weeks from today. Proof of deposit of cost and 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. The pending application also stands disposed of in aforesaid terms.

JUDGE APRIL 08, 2026/st/pb