Himanshu & Ors. v. State NCT of Delhi and Anr

Delhi High Court · 13 Jan 2026 · 2026:DHC:331
Manoj Jain
CRL.M.C. 256/2026
2026:DHC:331
criminal petition_allowed

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The Delhi High Court quashed a criminal FIR arising from a matrimonial dispute on the basis of a compromise and mutual consent divorce, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 256/2026 1
HIGH COURT OF DELHI
Date of Decision: 13th January, 2026
CRL.M.C. 256/2026 &CRL.M.A. 944/2026
HIMANSHU& ORS. .....Petitioner
Through: Ms. Amita Rajput, Advocate along
WITH
the petitioners.
VERSUS
STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Satinder Singh Bawa, APP.
Ms. Priyanka Gautam, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 0114/21 registered at P.S. Vijay Vihar, under Sections 498A/406/323/377/506/509/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Petitioner No.1 got married to respondent No.2 as per as per Hindu rites and ceremonies on 11.12.2019.

3. However, on account of some matrimonial discord, they started residing separately w.e.f. 01.05.2020.

4. Respondent No.2 also lodged complaint against her husband and in-laws which resulted in registration of aforesaid FIR.

5. Petitioners and respondent No.2 have now settled all their disputes and have reduced settlement terms in writing.

6. As per the terms of the settlement, both the parties have agreed to give divorce to each other by mutual consent and in this regard, their respective statements have already been recorded and there is a decree of divorce on 16.07.2025. CRL.M.C. 256/2026 2

7. Respondent No.2 has also agreed to accept a sum of Rs. 2,50,000/- as full and final settlement in lieu of in lieu of maintenance, istridhan, alimony. She submits that she would have no objection if the instant FIR is quashed.

8. She has already received a sum of Rs. 1,50,000/- and the balance amount of a sum of Rs. 1,00,000/- has been received by her today during course of proceedings, by way of demand draft drawn on State Bank of India.

9. Respondent No.2 submits that in view of the settlement, she is no longer interested in pursuing with her FIR and even supplements that some such allegations were made in the heat of moment.

10. The Investigating Officer (I.O.) is present and identifies the complainant.

11. 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.

12. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.

13. Consequently, to secure the ends of justice, FIR No. 0114/21 registered at P.S. Vijay Vihar, under Sections 498A/406/323/377/506/509/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed.

14. The petition, along with the application, stands disposed of in aforesaid terms.

JUDGE JANUARY 13, 2026/sw/js