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Delhi High Court
Pratham Dev & Ors vs The State Of Nct Of Delhi & Anr on 26 February, 2026
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26th February, 2026
+ W.P.(CRL) 685/2026 & CRL.M.A. 6381/2026
PRATHAM DEV & ORS. .....Petitioners
Through: Mr. Shivam Sharma with Ms. Prince
Gupta, Advocates with petitioners in
person.
versus
THE STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) with SI Charu Saini, PS Aman
Vihar
Mr. Rakesh Tiwari with Mr. Saroj
Endlaw, Mr. Vikash Kumar, Mr.
Manish Kumar Jha and Mr. Vikash
Kumar, 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.138/2021 dated
15.03.2021, registered at P.S. Aman Vihar, for commission of offences under
Sections 498A/406/506/34 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 on 23.11.2019, as per
Hindu rites and ceremonies. There is no child from the abovesaid wedlock.
3. However, on account of some compatibility issues, parties started
living separately and, on account of such matrimonial discord, a complaint
was lodged by respondent No.2, which resulted into registration of abovesaid
FIR.
4. Charge-sheet has already been filed. However, charges are yet to be
framed.
5. Fact, however, remains that both the parties have been able to amicably
settle all their matrimonial disputes and have agreed to part ways in a graceful
manner under the aegis of Delhi Mediation Centre, Rohini Courts, on
10.07.2025
6. Pursuant to such settlement, parties have also obtained divorce by way
of mutual consent on 01.11.2025.
7. Petitioners are present in Court.
8. Respondent No.2 is present in Court with her counsel. The
Investigating Officer (I.O.) is also present and identifies her.
9. When asked, Respondent No.2 reiterated the terms of such settlement
and submits that there is already a divorce between them. She states that she
has agreed to accept a sum of Rs.6,51,000/- in lieu of her istridhan, alimony,
maintenance (past, present and future) and the balance amount of
Rs.2,17,000/- has been received by her today by way of Demand Draft
bearing No.011413 dated 07.02.2026 drawn on Axis Bank during the course
of proceedings. She submits that she has amicably settled all her disputes with
the petitioners and she would have no objection if FIR in question is quashed.
Her affidavit to abovesaid effect has also been placed on record.
10. The next date of hearing before the learned Trial Court is stated to be
24.05.2026.
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.138/2021 dated
15.03.2021, registered at P.S. Aman Vihar, for commission of offences under
Sections 498A/406/506/34 IPC, along with all consequential proceedings
emanating therefrom, is hereby, quashed subject to petitioners depositing
total cost of Rs.20,000/- with Delhi Legal Services Authority (North-West)
within four weeks from today. Proof of deposit of such cost as well as original
affidavit of petitioners and respondent No.2 shall be submitted before the
learned Trial Court within further two weeks so that these become part of
Trial Court Record.
14. The petition stands disposed of in aforesaid terms.
15. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 26, 2026/st/js
