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HIGH COURT OF DELHI
Date of Decision: 27th July, 2026
GAUREV KUMAR & ORS. .....Petitioner
Through: Mr. Manish Kumar, Advocate with Petitioners.
Through: Mr. Raj Kumar, APP with SI Mukesh Kumar.
Mr. Sushil Kumar, Advocate for R-2.
JUDGMENT
1. Petitioners herein seek quashing of FIR No. 442/2020 dated 20.09.2020, registered at Police Station Badarpur, New Delhi for commission of offences under Sections 498A/406/323/34 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 11.06.2015, 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 since 07.05.2019 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.
4. Charge-sheet has already been filed but charges have yet not been framed.
5. In the interregnum, with the intervention of elders of the family, CRL.M.C. 5237/2026 2 common friends and respectable members of the society, all the disputes have been amicably resolved and there is already a divorce between petitioner NO. 1 and respondent No.2.
6. Copy of Settlement Agreement dated 31.05.2024 has also been placed on record.
7. It is in the abovesaid backdrop that quashing is being sought.
8. Respondent no. 2 is present in person 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 10.01.2025. She states that she has agreed to accept a total sum of Rs. 42,00,000/- 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.31,00,000/- and the balance amount of Rs. 11,00,000/- has been received today in the shape of Demand Draft drawn on HDFC Bank. 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. Accordingly, exercising inherent powers vested in this Court underSection 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed CRL.M.C. 5237/2026 3 appropriate to quash the instant FIR.
12. Consequently, to secure the ends of justice, FIR No. 442/2020 dated 20.09.2020, registered at Police Station Badarpur, New Delhi for commission of offences under Sections 498A/406/323/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed, subject to petitioners depositing cost of Rs. 20,000/- with Delhi High Court Legal Services Committee within four weeks. Proof of deposit of cost, original MoU along with original affidavits of the parties shall be submitted within further two weeks before the learned Trial Court.
13. The petition stands disposed of in aforesaid terms.
14. The pending application also stands disposed of.
JUDGE JULY 27, 2026/sw/pb