Vaibhav Saxena and Ors. v. State NCT of Delhi and Anr

Delhi High Court · 13 May 2026 · 2026:DHC:4301
Manoj Jain
CRL.M.C. 2426/2025
2026:DHC:4301
criminal appeal_allowed

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The Delhi High Court quashed a matrimonial dispute FIR under Sections 498A, 406, 506, and 34 IPC based on a bona fide settlement and mutual consent divorce, exercising inherent powers under Section 528 of BNSS, 2023.

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CRL.M.C. 2426/2025 1
HIGH COURT OF DELHI
Date of Decision: 13th May, 2026
CRL.M.C. 2426/2025
VAIBHAV SAXENA AND ORS.....Petitioner
Through: Petitioner in person.
VERSUS
STATE NCT OF DELHI AND ANR.....Respondent
Through: Mr. Aashneet Singh, APP for the State with SI Ajay Sharma.
Ms. Deepika and Mr. Vikram Beniwal, Advocates for R-2 alongwith
R-2 (through V.C.).
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 135/2018 dated 30.04.2018, registered at Police Station Mayur Vihar Phase I, for commission of offences under Sections 498A/406/506/34 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 22.04.2016, 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. CRL.M.C. 2426/2025 2

4. Charge-sheet has already been filed.

5. With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 19.12.2023 and have been able to resolve all their disputes and have decided to part ways, gracefully.

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

7. Respondent no. 2 is present through video conferencing and she has been duly identified by her counsel as well as by Investigating Officer.

8. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She submits that there is already a divorce between them by way of mutual consent on 17.02.2024. She states that she has agreed to accept a total sum of Rs. 3,00,000/- 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. 2,00,000/- and the balance amount of Rs.1,00,000/has been received today. She states that she also received the articles as mentioned in the settlement deed as well as the gold ring. 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. 2426/2025 3 appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 135/2018 dated 30.04.2018, registered at Police Station Mayur Vihar Phase I, for commission of offences under Sections 498A/406/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

12. The petition stands disposed of in aforesaid terms.

JUDGE MAY 13, 2026/ss/pb