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HIGH COURT OF DELHI
Date of Decision: 18th May, 2026
PRASHANT SHRIVASTAV ALIAS LAVI & ORS. .....Petitioners
Through: Mr. Brahm Kumar Pandey with Mohd.
Zahid and Mr. Mukul Kumar, Advocates with petitioners in person.
Through: Mr. Sunil Kumar Gautam, APP for the State with ASI Roop Kishore, PS
Vivek Vihar.
Mr. C.S.S. Tomar with Mr. Yash Thakur and Ms. Sheetal Ojha, Advocates with respondent No.2.
JUDGMENT
Exemption allowed subject to all just exceptions.
1. Petitioners herein seek quashing of FIR No.438/2023 dated 01.12.2023 registered at Police Station Vivek Vihar 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. Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 30.11.2020 according to Hindu rites and ceremonies. There CRL.M.C. 3912/2026 2 is no child from the abovesaid wedlock.
3. However, on account of some matrimonial discord and temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No. 2, it resulted into in registration of abovesaid FIR.
4. Charge-sheet has yet not been filed.
5. Fact, however, remains that when the parties were referred to mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Karkardooma Courts, Delhi on 17.03.2025.
6. Respondent No. 2 is present in person with her counsel. Investigating officer is also present. They have duly identified respondent No. 2.
7. 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 06.09.2025. She states that she has agreed to accept a total sum of Rs.7,75,000/- as full and final settlement in lieu of istridhan, alimony, jewellery, maintenance for self (past, present and future). She submits that she has already received a sum of Rs.5,00,000/- from the petitioners and today, the balance amount of Rs.2,75,000/- has been credited in her bank account by way of online transfer. She submits 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 the FIR is quashed.
8. 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. 3912/2026 3
9. 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.
10. Consequently, to secure the ends of justice, FIR No.438/2023 dated 01.12.2023 registered at Police Station Vivek Vihar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.
11. Since charge-sheet has yet not been filed, original affidavits of the parties shall be handed over to SHO/IO concerned within ten days from today.
12. The petition stands disposed of in aforesaid terms.
13. Pending applications also stand disposed of.
JUDGE MAY 18, 2026 st/sk