Rahul Dawra and Anr v. State Govt of NCT of Delhi and Anr

Delhi High Court · 24 Jul 2026 · 2026:DHC:6005
Manoj Jain
CRL.M.C. 5172/2026
2026:DHC:6005
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed a criminal FIR arising from a matrimonial dispute under Sections 498A, 377, 406, 506, and 34 IPC based on a mutual settlement and divorce, exercising inherent powers under Section 528 of the BNSS, 2023.

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CRL.M.C. 5172/2026 1
HIGH COURT OF DELHI
Date of Decision: 24th July, 2026
CRL.M.C. 5172/2026
RAHUL DAWRA AND ANR.....Petitioner
Through: Mr. Vardhman Kaushik, Mr. Dhruv Joshi, Mr. Mayank Sharma, Mr. Vineet Negi and Ms. Priya Nair, Advocates.
VERSUS
STATE GOVT OF NCT OF DELHI AND ANR.....Respondent
Through: Mr. Rajkumar, APP for State Mr. Anindya Malhotra and Ms. Ishita with Sehrawat, Advocates, SI Rahul Lamba.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CRL.M.A. 21714/2026(for exemption)
Exemption allowed, subject to all just exceptions.
CRL.M.C. 5172/2026

1. Petitioners herein seek quashing of FIR No. 386/2022 dated 19.10.2022, registered at Police Station Saket, for commission of offences under Sections 498A/377/406/506/34 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 CRL.M.C. 5172/2026 2 petitioner No.1 was solemnized on 13.11.2019, as per Sikh 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.

4. Charge-sheet has already been filed and the case is at the stage of argument on charge.

5. With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 16.04.2026 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 in person and she has been duly identified by her counsel, who is present through the video-conferencing as well as by Investigating Officer, who is present in the Court.

8. 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 04.07.2026. She states that she has agreed to accept a total sum of Rs. 23,00,000/- 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.17,25,000/- and the balance amount of Rs. 5,75,000/- has been received today in the shape of Demand Draft drawn on Kotak Mahindra 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. CRL.M.C. 5172/2026 3

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. 386/2022 dated 19.10.2022, registered at Police Station Saket, for commission of offences under Sections 498A/377/406/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed, subject to petitioners depositing total cost of Rs. 20,000/- with Delhi High Court Legal Services Authority. Proof of deposit of cost alongwith 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 on or before 09.09.2026 so that these become part of Trial Court Record.

12. The petition stands disposed of in aforesaid terms.

JUDGE JULY 24, 2026/nr/sk