Ajit Singh Tanwar and Ors. v. The State NCT of Delhi & Anr.

Delhi High Court · 14 May 2026 · 2026:DHC:4367
Manoj Jain
CRL.M.C. 3782/2026
2026:DHC:4367
criminal appeal_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from a matrimonial dispute on the basis of a bona fide compromise and mutual consent divorce, exercising its inherent powers under Section 528 of the BNSS, 2023.

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CRL.M.C. 3782/2026 1
HIGH COURT OF DELHI
Date of Decision: 14th May, 2026
CRL.M.C. 3782/2026
AJIT SINGH TANWAR AND ORS. .....Petitioners
Through: Mr. Amit Sharma, Mr. Abhishek Shrotriya and Mr. Garvesh Yadav, Advocates along with petitioners in person
VERSUS
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Ms. Priyanka Dalal, APP for State/R-1 with ASI Devender Kumar and SI
Pavan Kumar, PS Sunlight Colony Ms. Moni Rexwal, Mr. Digamber Phagna and Mr. Sachin Bhati, Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CRL.M.A. 15351/2026 (for exemption)
Exemption allowed, subject to all just exceptions.
CRL.M.C. 3782/2026 & CRL.M.A. 15350/2026

1. Petitioners herein seek quashing of FIR No. 474/2022 dated 22.09.2022, registered at Police Station Sunlight Colony for commission of offences under Sections 498A/406/354/377/506/34 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 17.01.2019 according to Hindu rites and ceremonies. There is no child from wedlock. CRL.M.C. 3782/2026 2

3. On account of some matrimonial discord and temperamental differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR. While lodging the aforesaid complaint, she also made allegations against her husband about his indulging in unnatural sex and also made allegations against her father-in-law that he outraged her modesty by claiming that he used to touch her inappropriately.

4. Charge-sheet has already been filed but charges are yet to be ascertained.

5. Fact, however, remains that when the matter was taken up by the learned Magisterial Court on 26.06.2025, with the efforts made by learned Trial Court, and after its interaction with the parties, parties agreed to settle the matter and, it is in the aforesaid background that quashing is being sought.

6. Respondent No. 2 is present in person with her uncle Mr. Ishwar Singh and her counsel. Investigating officer is also present. She is duly identified by them.

7. When asked, respondent No. 2 reiterated the terms of settlement. She submits that there is already a divorce between the parties by way of mutual consent and decree in this regard has been passed by learned Judge, Family Court-01, South-East, Saket, New Delhi on 06.01.2026. As per terms of settlement, respondent no. 2 has agreed to accept a total sum of Rs. 20,00,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 14,00,000/and balance amount of Rs. 6,00,000/- has been received today by way of demand draft bearing No. 481362 dated 08.05.2026 drawn on State Bank of India, Faridabad.

8. She submits that all the other matters pertaining to marriage in question CRL.M.C. 3782/2026 3 have already been withdrawn. She also submits that all the terms of settlement have been duly adhered to. 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 appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 474/2022 dated 22.09.2022, registered at Police Station Sunlight Colony bfor commission of offences under Sections 498A/406/354/377/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners’ depositing total cost of Rs. 15,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today.

12. Original affidavits of the parties shall 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 MAY 14, 2026/dr/pb