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Delhi High Court
Ashish Kumar And Ors vs State Of Nct Of Delhi And Anr on 6 April, 2026
$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 6thApril, 2026
+ CRL.M.C. 2565/2026 & CRL.M.A. 10452/2026
ASHISH KUMAR AND ORS .....Petitioners
Through: Mr. Varchsav Singh and Mr. Suyesh
Chauhan, Advocates
versus
STATE OF NCT OF DELHI AND ANR .....Respondent
Through: Mr. Sunil Kumar Gautam, APP for
State/R-1
Mr. Anurag Kasana, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 116/2023 dated
08.04.2023, registered at Police Station GTB Enclave, for commission of
offences under Section 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 30.04.2021, as per Hindu rights and
ceremonies. There is no child from such 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 case is at the stage of
arguments on charge.
5. During the pendency of the matter, when parties were referred to
mediation, they were able to resolve all their disputes. The settlement terms
are recorded in Mediation Settlement dated 21.05.2025, which took place
under the aegis of Mediation Centre, Karkardooma Courts, New Delhi
6. Respondent no. 2 is also present in person and she is duly identified by
her counsel and investigating officer, who is present in Court.
7. When asked, respondent No. 2 reiterates the terms of settlement as
mentioned in Mediation Settlement dated 21.05.2025. She submits that there
is already a divorce between them by way of mutual consent on 08.08.2025.
She states that she has agreed to accept a total sum of Rs. 7,50,000/- as full
and final settlement in lieu of alimony, istridhan, maintenance for self (past,
present and future). She submits that she has already received the abovesaid
amount as described in mediation proceedings. 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.
8. 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.
9. 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.
10. Consequently, to secure the ends of justice, FIR No. 116/2023 dated
08.04.2023, registered at Police Station GTB Enclave, for commission of
offences under Section 498A/406/34 IPC, is quashed subject to petitioners'
depositing total cost of Rs. 10,000/- with Shahdara Bar Association Advocate
Welfare Fund, Delhi (saving Account No. 90100100003204
IFSC-UCBA0002078, UCO Bank, Karkardooma Court, Delhi) within four
weeks from today. Proof of deposit of cost and original affidavits of the
parties be submitted before the learned Trial Court within further two weeks
11. The petition stands disposed of in aforesaid terms.
12. The pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
APRIL 06, 2026/dr/js
