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Himanshu Pankaj Khinchi And Ors vs State Of Nct Of Delhi And Anr
2026 Latest Caselaw 2076 Del

Citation : 2026 Latest Caselaw 2076 Del
Judgement Date : 8 April, 2026

[Cites 3, Cited by 0]

Delhi High Court

Himanshu Pankaj Khinchi And Ors vs State Of Nct Of Delhi And Anr on 8 April, 2026

                          $~74
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                     Date of Decision: 08thApril, 2026
                          +      CRL.M.C. 2606/2026
                                 HIMANSHU PANKAJ KHINCHI AND ORS                   .....Petitioners
                                                   Through:     Ms. Swaty Singh Malik with
                                                                Mr. Rohan Kumar, Ms. Kaushambi,
                                                                Advocates with petitioners Nos.2 and
                                                                3 in person and petitioner No.1
                                                                (through V.C.)
                                                   versus

                                 STATE OF NCT OF DELHI AND ANR             .....Respondents
                                               Through: Mr. Raj Kumar, APP for the State with
                                                         SI Ekta, PS Mangolpuri.
                                                         Mr. Yatinder Kumar Sanwariya with
                                                         Ms.Anshika Singh, Advocates for
                                                         respondent No.2 with respondent No.2
                                                         in person.
                                 CORAM:
                                 HON'BLE MR. JUSTICE MANOJ JAIN
                                               J U D G M E N T (oral)

1. Petitioners herein seek quashing of FIR No.1019/2023 dated 11.10.2023, registered at Police Station Mangol 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 12.02.2020, as per Hindu rites and ceremonies. There is no child from the abovesaid wedlock.

3. On account of matrimonial discord, a complaint was lodged by

respondent No.2, which resulted into registration of the abovesaid FIR.

4. Charge-sheet has been filed, however, charges are yet to be framed.

5. Petitioner No.1 herein had filed a divorce petition on the ground of cruelty and when the abovesaid petition was referred to Delhi Mediation Centre, Karkardooma Courts, Delhi, the parties were able to resolve all their disputes, as would be apparent from mediation order dated 15.07.2025.

6. Petitioner Nos.2 and 3 are present in person and petitioner No.1 has joined the proceedings through video-conferencing.

7. Respondent No. 2 is present in person with her counsel and she is duly identified by her counsel and investigating officer, who is present in Court.

8. When asked, respondent No. 2 reiterates the terms of settlement as mentioned in mediation order dated 15.07.2025. She submits that there is already a divorce between them by way of mutual consent on 19.03.2026. She states that she has agreed to accept a total sum of Rs. 42,00,000/- as full and final settlement in lieu of alimony, istridhan, maintenance for self (past, present and future). She states that she has already received a sum of Rs.30,00,000/-. She submits that she has received the balance amount of Rs.12,00,000/- today through online transfer (RTGS). 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. Keeping in mind the overall facts of the case, the fact that parties have amicably settled their all disputes, continuing with criminal proceedings would serve no useful purpose.

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.1019/2023 dated 11.10.2023, registered at Police Station Mangol Puri for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, along with all consequential proceedings arising therefrom, is quashed subject to petitioners' depositing total cost of Rs. 20,000/- 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

13. The petition stands disposed of in aforesaid terms.

14. The pending application also stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE APRIL 08, 2026/st/pb

 
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