Raj Kumar Ladwani @ Raj Kumar v. The State (N.C.T. Govt. of Delhi) and Anr

Delhi High Court · 08 Jul 2026 · 2026:DHC:5538
Manoj Jain
CRL.M.C. 3371/2026
2026:DHC:5538
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A and 406 IPC based on a bona fide settlement between estranged spouses and exercised inherent powers under Section 528 of the BNSS, 2023.

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CRL.M.C. 3371/2026 1
HIGH COURT OF DELHI
Date of Decision: 8th July, 2026
CRL.M.C. 3371/2026
RAJ KUMAR LADWANI @ RAJ KUMAR .....Petitioner
Through: Ms. Lydia Moses, Advocate along with P-1 & P-2
VERSUS
THE STATE (N.C.T. GOVT. OF DELHI) AND ANR.....Respondent
Through: Mr. Raj Kumar, APP for State/R-1 with SI Ramniwas, PS Uttam Nagar
Mr. Vikas Kumar Bhardwaj, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 0723/2017 dated 09.10.2017, registered at Police Station Uttam Nagar for commission of offences under Sections 498A/406 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 25.11.2010, as per Hindu rites and customs. The couple was blessed with baby-boy, who is, presently, in the custody of her mother/ respondent No. 2 herein.

3. On account of temperamental differences, the parties started residing separately since 2016. CRL.M.C. 3371/2026 2

4. When a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

5. Charge-sheet has already been filed.

6. When, the matter was referred to Mediation Centre, Dwarka Courts, New Delhi, parties were able to resolve all their issues and differences.

7. Respondent No. 2 is present in person and she has been duly identified by her counsel and investigating officer.

8. When asked, respondent No. 2 reiterates the terms of abovesaid settlement/Mediation Order dated 18.07.2025. She submits that there is already a divorce between them by way of mutual consent on 16.02.2026. She states that she has agreed to accept a total sum of Rs. 7,00,000/- as full and final settlement in lieu of istridhan, alimony, dowry articles, maintenance for self (past, present and future). She submits that the entire such amount has already been paid to her. She submits that custody of minor child shall remain with her and her husband/petitioner No. 1 has given up visitation rights. She states that she would abide by the terms of settlement. 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. Petitioner is present in person and he also assures that there would be due compliance of all the terms of the settlement as recorded in Mediation Order dated 18.07.2025.

10. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when the dispute does not involve any public interest and is, primarily, private in nature. CRL.M.C. 3371/2026 3

11. 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.

12. Consequently, to secure the ends of justice FIR No. 0723/2017 dated 09.10.2017, registered at Police Station Uttam Nagar for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, is hereby quashed.

13. Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the concerned learned Trial Court, so that these may become part of the record.

14. The petition stands disposed of in aforesaid terms.

JUDGE JULY 8, 2026/dr/sa