Abhishake Juneja and Anr. v. State of NCT of Delhi and Anr.

Delhi High Court · 30 Jul 2026 · 2026:DHC:6202
Manoj Jain
CRL.M.C. 5419/2026
2026:DHC:6202
criminal petition_allowed Significant

AI Summary

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

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CRL.M.C. 5419/2026 1
HIGH COURT OF DELHI
Date of Decision: 30th July, 2026
CRL.M.C. 5419/2026
ABHISHAKE JUNEJA AND ANR. .....Petitioner
Through: Mr. Suhail Khan, Mr. Vishal Raj, Mr. Purushendra Bhardwaj, Advocates along with P-1 & P-2
VERSUS
STATE OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Sunil Kumar Gautam, APP for State/R-1 with SI Yashveer Sharma, PS Govind Puri
Ms. Mariam Nizami, Advocate for R-2 along with R-2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CRL.M.A. 22714/2026 (for exemption)
Exemption allowed, subject to all just exceptions.
CRL.M.C. 5419/2026

1. Petitioners herein seek quashing of FIR No. 0310/2019 dated 16.09.2019, registered at Police Station Govind Puri, 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 14.04.2012, as per Hindu rites and customs. Couple was blessed with a daughter. CRL.M.C. 5419/2026 2

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. Learned counsel for petitioner submits that though charge-sheet was filed against five accused persons, however, learned Trial Court has taken cognizance qua husband and his parents only. He also submits that after taking cognizance, father of Abhishake Juneja (petitioner No. 1 herein) has expired. He submits that factum of aforesaid death has already been verified and proceedings qua him have already been abated.

5. When the suit filed by petitioner No. 1 herein under Hindu Marriage Act, 1955 seeking divorce was referred to Counselling Cell, Saket, South-East, New Delhi, parties were able to resolve all their disputes amicably 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 Court and has been duly identified by his counsel as well as by Investigating Officer, who is also present.

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 06.06.2026. She states that she has agreed to accept a total sum of Rs. 25,00,000/- 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.16,00,000/- and the balance amount of Rs. 9,00,000/- has been received today in the shape of Demand Draft drawn on Axis Bank. As per settlement, mother/respondent No. 2 would have custody of their child, albeit, her father would have visitation rights as per mutual agreement between the parties. CRL.M.C. 5419/2026 3

9. 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 appropriate to quash the instant FIR.

12. Consequently, to secure the ends of justice, FIR No. 0310/2019 dated 16.09.2019, registered at Police Station Govind Puri, for commission of offences under Sections 498A/406/34 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 Committee within four weeks from today.

13. Original affidavits of the parties along with proof of deposit of cost shall be submitted within further two weeks before the learned Trial Court.

14. The petition stands disposed of in aforesaid terms.

JUDGE JULY 30, 2026/dr/pb