[Cites 3, Cited by 0]
Delhi High Court
Rajat Singhal & Ors vs State (Nct Of Delhi) & Anr on 15 April, 2026
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15thApril, 2026
+ CRL.M.C. 2806/2026 & CRL.M.A. 11349/2026
RAJAT SINGHAL & ORS. .....Petitioners
Through: Mr. Umesh K. Burnwal, Advocate
with petitioners in person.
versus
STATE (NCT OF DELHI) & ANR. .....Respondent
Through: Mr. Sunil Kumar Gautam, APP for the
State with SI Mukesh Kumar, PS
Badarpur.
Mr. Yogender D. and Ms. Neetu
Gupta, 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. 158/2023 dated
05.05.2023, registered at Police Station Badarpur, 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 23.05.2019, as per Hindu rites and
customs. One baby boy was born from the abovesaid 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 but charges are yet not ascertained.
5. However, the parties have been able to amicably resolve the matter
under the aegis of Counselling Cell, Family Courts, Saket (South-East)
Courts on 09.07.2025.
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 04.02.2026. She states that she has agreed to
accept a total sum of Rs. 4,00,000/- 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. 3,00,000/- and the balance amount
of Rs. 1,00,000/- has been received today in the shape of Demand Draft drawn
on State Bank of India. The custody of the child would remain with her and
petitioner would have visitation rights only with her consent and convenience
and of their child. 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.
11. Consequently, to secure the ends of justice, FIR No. 158/2023 dated
05.05.2023, registered at Police Station Badarpur, for commission of offences
under Sections 498A/406/34 IPC, along with all consequential proceedings
arising therefrom, is, hereby, quashed.
12. Original affidavits of the parties, copies of which have been placed on
record in the present proceedings, shall be submitted before the learned Trial
Court within four weeks from today, so that these become part of Trial Court
Record.
13. The petition stands disposed of in aforesaid terms.
14. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
APRIL 15, 2026
st/pb
