Full Text
HIGH COURT OF DELHI
Date of Decision: 20th July, 2026
VAIBHAVA PANDEY & ORS. .....Petitioner
Through: Mr. Kamlesh Kumar Maurya and Ms. Priya Maurya, Advocates
Petitioners-in-person (Through VC)
Through: Mr. Raj Kumar, APP for State/R-1 with SI Vikas Rathi
Mr. Amit Nayyar, Advocate for R-2 with Respondent-in-person
JUDGMENT
1. Petitioners herein seek quashing of FIR No. 433/2021 dated 14.06.2021, registered at Police Station Burari, 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 04.02.2015, as per Hindu rites and customs. One boy was 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 next date before the CRL.M.C. 5017/2026 2 learned Trial Court is stated to be 30.09.2026.
5. However, when the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Tis Hazari Courts, Delhi on 10.09.2025 and have decided to part ways, gracefully. As per the terms of abovesaid settlement, the custody of son of respondent No.2 would be with mother i.e. respondent No.2, with no visitation rights to father i.e. petitioner No.1.
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 as well as by Investigating Officer.
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 28.01.2026. She states that she has agreed to accept a total sum of Rs. 20 lacs as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received a sum of Rs. 15 lacs and the balance amount of Rs. 5 lacs has been received today in the shape of Demand Draft bearing No. 540995 dated 13.07.2026 drawn on ICICI 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.
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. CRL.M.C. 5017/2026 3
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. 433/2021 dated 14.06.2021, registered at Police Station Burari, for commission of offences under Sections 498A/406/34 IPC along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depoisiting cost of Rs. 20,000/- with Delhi High Court Legal Services Committee.
12. Original affidavits of the parties and proof of deposit of aforesaid cost shall be submitted before the learned Trial Court on or before 30.09.2026, so that these become part of Trial Court Record.
13. The petition stands disposed of in aforesaid terms.
14. Pending application also stands disposed of in aforesaid terms.
JUDGE JULY 20, 2026/dr/sa