Rahul and Ors. v. State (NCT of Delhi) and Anr

Delhi High Court · 21 Jul 2026 · 2026:DHC:5841
Manoj Jain
CRL.M.C. 5045/2026
2026:DHC:5841
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed an FIR arising from matrimonial offences based on an amicable settlement and mutual consent divorce, exercising inherent powers under Section 528 of the BNSS, 2023.

Full Text
Translation output
CRL.M.C. 5045/2026 1
HIGH COURT OF DELHI
Date of Decision: 21st July, 2026
CRL.M.C. 5045/2026&CRL.M.A. 21145/2026
RAHUL AND ORS. .....Petitioner
Through: Mr. Vipul Kumar Sharma and Mr. Harsh Vardhan, Advocates with petitioners.
VERSUS
STATE (NCT OF DELHI) AND ANR.....Respondent
Through: Mr. Raj Kumar, APP with ASI Balwan.
Mr. Himanshu Jawa and Ms. Prachi, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 015/2022 dated 15.01.2022, registered at Police Station Timarpur, for commission of offences under Sections 498A/406/377/315/34 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 20.07.2018, 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 10.12.2019 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. CRL.M.C. 5045/2026 2

5. In the interregnum, with the intervention of elders of the family, 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 Memorandum of Understanding (MoU) dated 05.01.2026 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 05.05.2026. She states that she has agreed to accept a total sum of Rs. 18,00,000/- 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.12,00,000/- and the balance amount of Rs. 6,00,000/- has been received today in the shape of Demand Draft drawn on State Bank of India. 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 under CRL.M.C. 5045/2026 3 Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

12. Consequently, to secure the ends of justice, FIR No. 015/2022 dated 15.01.2022, registered at Police Station Timarpur, for commission of offences under Sections 498A/406/377/315/34 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 and 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 21, 2026/sw/sy