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Delhi High Court
Amit Kumar & Ors vs State (The Nct Of Delhi) & Anr on 9 April, 2026
$~99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 9thApril, 2026
+ W.P.(CRL) 1136/2026 & CRL.M.A. 10770/2026
AMIT KUMAR & ORS. .....Petitioner
Through: Ms. Swati and Mr. Umang Garg,
Advocates with petitioners-in-person
versus
STATE (THE NCT OF DELHI) & ANR ......Respondents
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) for State/R-1
Mr. Ashok Kumar Singh, Advocate
for R-2 along with R-2 in person
SI Sunita, PS Pul Parhlad Pur
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 396/2024 dated
31.12.2024, registered at Police Station Pul Prahlad 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 14.02.2024, as per Hindu rites and
ceremonies. There is no child from the 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, reportedly, been filed. However, petitioners are not
aware about the aforesaid fact of filing of the charge-sheet.
5. During the pendency of a complaint filed by respondent no. 2 under
Protection of Women From Domestic Violence Act, 2005, when the parties
were referred to mediation, they were able to resolve all their disputes. The
settlement terms are recorded in Mediation Order dated 09.04.2025 which
took place under the aegis of Mediation Centre,Saket Courts, New Delhi
6. 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.
7. When asked, respondent No. 2 reiterates the terms of settlement as
mentioned in settlement dated 09.04.2025. She submits that there is already
a divorce between them by way of mutual consent on 28.11.2025. She states
that she has agreed to accept a total sum of Rs. 5 lacs as full and final
settlement inlieu of alimony, istridhan, maintenance for self (past, present and
future). She states that she has already received aforesaid sum of Rs. 5 lacs
along with articles. 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 in toto. She also states that she has already withdrawn her
complaint filed under Protection of Women From Domestic Violence Act,
2005.
8. Original affidavit of respondent No. 2 has been handed over to
investigating officer in the Court.
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 justiceFIR No. 396/2024 dated
31.12.2024, registered at Police Station Pul Prahlad 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.
13. The petition stands disposed of in aforesaid terms.
14. The pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
APRIL 09, 2026/dr/sy
