P-2 & P-3 v. State GNCTD & Anr.

Delhi High Court · 07 May 2026 · 2026:DHC:4094
Manoj Jain
CRL.M.C. 3554/2026
2026:DHC:4094
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute on the basis of a valid compromise and mutual consent divorce, exercising inherent powers under Section 528 of BNSS, 2023.

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CRL.M.C. 3554/2026 1
HIGH COURT OF DELHI
Date of Decision: 7th May, 2026
CRL.M.C. 3554/2026 & CRL.M.A. 14453/2026
RAMAN & ORS. .....Petitioners
Through: Mr. Abhinav Kaushik, Mr. Aman Kaushik and Mr. Rishabh Attri, Advocate along with P-1 in person
P-2 & P-3 (Through VC)
VERSUS
STATE GNCTD & ANR. ....Respondents
Through: Mr. Raj Kumar, APP for State/R-1 with W/ASI Suman Lata and SI Rahul, PS Baba Haridas Nagar
Mr. Nitish Nagar, Mr. Pawan Kumar and Ms. Aditi Singh, Advocates along with R-2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 0171/2024 dated 07.05.2024, registered at Police Station Baba Haridas Nagar 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 29.06.2020 according to Hindu rites and ceremonies. The couple was blessed with a baby girl.

3. On account of some matrimonial discord and temperamental CRL.M.C. 3554/2026 2 differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR.

4. Charge-sheet has already been filed and next date before the learned Trial Court is stated to be 04.06.2026.

5. Fact, however, remains that parties have been able to settle all their matrimonial disputes and have entered into Memorandum of Understanding on 10.11.2025.

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

7. Respondent No.2 is present with her counsel and has been duly identified by her counsel as well as by Investigating Officer.

8. Petitioner No. 1 is present in person while petitioner Nos. 2 & 3 have joined the proceedings through videoconferencing.

9. When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Memorandum of Understanding on 10.11.2025. As per terms of settlement, respondent no. 2 has agreed to accept a total sum of Rs. 35,00,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 25,00,000/and balance amount of Rs. 10,00,000/- has been received today by way of cheque bearing No. 192009 dated 07.05.2026 drawn on State Bank of India, Hanumangarh, Rajasthan.

10. Custody of aforesaid baby girl will remain with respondent No. 2 and petitioner No. 1 shall have no visitation rights.

11. 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. CRL.M.C. 3554/2026 3

12. Parties have already taken divorce by way of mutual consent on 28.02.2026.

13. 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.

14. 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.

15. Consequently, to secure the ends of justice, FIR No. 0171/2024 dated 07.05.2024, registered at Police Station Baba Haridas Nagar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners’ depositing total cost of Rs. 20,000/- in the account of Delhi High Court Legal Services Committee within two weeks from today.

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16. Original Memorandum of Understanding dated 10.11.2025 as well as original affidavits of the parties shall be submitted before the learned Trial Court within further two weeks.

17. The petition stands disposed of in aforesaid terms.

18. Pending application also stands disposed of.

JUDGE MAY 7, 2026/dr/sk