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HIGH COURT OF DELHI
Date of Decision: 31st July, 2026 # CNR No. DLHC010343792026
PAWAN KUMAR & ORS. .....Petitioner
Through: Mr. Prashant Singh Tanwar and Ms. Sakshi Tanwar, Advocates with
Petitioners.
Through: Mr. Raj Kumar, APP with SI Bala Rani.
Mr. Akil Rataeeya Mr. Harsh Gulia, Ms. Anjali Yadav, Advocates for
Respondent No. 2 with R-2 (through VC)
JUDGMENT
1. Petitioners herein seek quashing of FIR No. 327/2018 dated 30.10.2018, registered at Police Station Najafgarh, New Delhi, 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 30.01.2015, 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. 5462/2026 2
4. Later on, when the charge-sheet was filed, Section 377 IPC was also added.
5. Charge-sheet has already been filed.
6. However, when the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Center, Dwarka on 06.04.2026.
7. It is in the abovesaid backdrop that quashing is being sought.
8. Respondent no. 2 has joined the proceedings through video conferencing and she has been duly identified by her counsel as well as by Investigating Officer.
9. 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 21.04.2026. She submits that she has already received the entire settlement amount of Rs. 21,00,000/- as well as her istridhan articles as described in mediation proceedings. 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.
10. 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.
11. 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 CRL.M.C. 5462/2026 3 case, even the complainant does not wish to press any charges against the petitioners.
12. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
13. Consequently, to secure the ends of justice, FIR No. 327/2018 dated 30.10.2018, registered at Police Station Najafgarh, New Delhi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings emanating 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 four weeks from today.
14. Proof of deposit of cost and original affidavits of the parties be submitted to the learned Trial Court within further period of two weeks.
15. The petition stands disposed of in aforesaid terms.
16. Pending application also stands disposed of.
JUDGE JULY 31, 2026/sw/pb