Devender & Ors. v. The State NCT of Delhi & Anr.

Delhi High Court · 25 May 2026 · 2026:DHC:4927
Manoj Jain
CRL.M.C. 3498/2026
2026:DHC:4927
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute following an amicable settlement through mediation and mutual consent divorce.

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CRL.M.C. 3498/2026 1
HIGH COURT OF DELHI
Date of Decision: 25th May, 2026
CRL.M.C. 3498/2026
DEVENDER & ORS. .....Petitioners
Through: Mr. S.N. Parashar, Advocate with petitioners in person.
VERSUS
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sunil Kumar Gautam, APP for the State with SI Sachin, PS Bindapur.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CRL.M.A. 14199/2026 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 3498/2026

1. Petitioners herein seek quashing of FIR No. 580/2024 dated 17.12.2024, registered at Police Station Binda Pur, 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 15.09.2023, 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 CRL.M.C. 3498/2026 2 resulted into registration of the abovesaid FIR.

4. Charge-sheet has yet not been filed.

5. However, when the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Mediation Centre, Dwarka Courts, New Delhi on 10.07.2025.

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

7. Respondent no. 2 is present in person and she has been duly identified by the Investigating Officer, who is present in Court.

8. 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 07.01.2026. She states that she has agreed to accept a total sum of Rs. 5,50,000/- 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. 5,00,000/- and the balance amount of Rs. 50,000/- has been received today in the shape of Demand Draft drawn on Axis Bank. 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.

10. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed CRL.M.C. 3498/2026 3 appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No.580/2024 dated 17.12.2024, registered at Police Station Binda Pur, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

12. Since charge-sheet is yet to be filed, original affidavits shall be handed over to the concerned SHO/IO within four weeks from today.

13. The petition stands disposed of in aforesaid terms.

JUDGE MAY 25, 2026 st/sk