Rahul Vaid & Ors. v. State Govt of NCT of Delhi and Anr

Delhi High Court · 07 Jul 2026 · 2026:DHC:5519
Manoj Jain
W.P.(CRL) 1424/2026
2026:DHC:5519
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on a bona fide compromise and mutual consent divorce, exercising inherent powers under Section 528 of BNSS, 2023.

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W.P.(CRL) 1424/2026 1
HIGH COURT OF DELHI
Date of Decision: 07th July, 2026
W.P.(CRL) 1424/2026&CRL.M.A. 13716/2026
RAHUL VAID & ORS. .....Petitioners
Through: Mr. Nitish Banka & Mr. Lakshay Manchanda, Advs.
VERSUS
STATE GOVT OF NCT OF ELHI AND ANR .....Respondents
Through: Mr. Anand V Khatri, ASC for State with ASI Shokat Ali & Insp. Deepak
Sharma
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 18/2024 dated 10.01.2024, registered at Police Station Naraina, 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 03.12.2017, 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 05.04.2021 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

4. The Matter is, reportedly, still at investigational stage. W.P.(CRL) 1424/2026 2

5. Fact, however, remains that both the parties have entered into settlement and terms of settlement have been reduced into writing on 11.08.2025. Copy of Memorandum of Understanding (MoU) has also been annexed.

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 23.12.2025. She states that she has agreed to accept a total sum of Rs. 5,00,000/- 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.4,00,000/- and the balance amount of Rs.1,00,000/- has been received today in the shape of Demand Draft drawn on Bank of Baroda. 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.

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. W.P.(CRL) 1424/2026 3

11. Consequently, to secure the ends of justice, FIR No. 18/2024 dated 10.01.2024, registered at Police Station Naraina, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, quashed subject to petitioners depositing total cost of Rs.20,000/- with Delhi High Court Staff Welfare Fund [Account NO. 15530110074442: IFSC UCBA0001553] within two weeks from today. 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 concerned SHO/IO within four weeks from today, so that these become part of Trial Court Record.

12. The petition stands disposed of in aforesaid terms.

13. Pending application also stands disposed of.

JUDGE JULY 7, 2026/da/sa