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Delhi High Court
Subhash Chand Alias Subhash Chander And ... vs State Nct Of Delhi And Anr on 3 February, 2026
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03rd February, 2026
+ CRL.M.C. 881/2026&CRL.M.A. 3521/2026
SUBHASH CHAND ALIAS SUBHASH CHANDER AND ORS
.....Petitioner
Through: Ms. Sonia Saini with Mr. Sushil
Lohia, Advocates along with
petitioners in person.
versus
STATE NCT OF DELHI AND ANR
.....Respondent
Through: Mr. Sunil Kumar Gautam, APP with
Ms. Faayza Anam Ali, Advocate for
R-2 along with respondent 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. 54/2024 dated 31.01.2024,
registered at P.S. Dwarka North, under Sections 498A/406/377/34 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 21.11.2021, as per Hindu rites and
ceremonies. However, due to certain temperamental differences, the parties
could not live together and started living separately w.e.f. February, 2023.
3. On account of such matrimonial discord, a complaint was lodged by
respondent No.2, which resulted into registration of the abovesaid FIR which
was, inter alia, for commission of offence under Section 377 IPC also.
4. Though, chargesheet has already been filed, charges are yet to be
ascertained.
5. When the abovesaid criminal case was taken up by learned Magisterial
Court, the matter was referred to mediation and, fortunately, the parties have
arrived at amicable settlement. The settlement has taken place under the aegis
of Counseling Cell, Family Court, Dwarka Court Complex, Delhi on
01.02.2025.
6. Both the parties have agreed to part ways in a graceful manner.
7. Broad terms of settlement are contained in Memorandum of Settlement
dated 01.02.2025 and it is also submitted that all other matters between the
parties have already been withdrawn and parties have already obtained
divorce by way of mutual consent on 18.12.2025.
8. As per the terms of settlement, petitioner No.1 has agreed to return
jewellery articles of respondent No.2 and would pay Rs.10 lacs towards full
and final settlement to her, in lieu of alimony, istridhan, maintenance for self
(past, present and future).
9. Respondent No.2 submits that a sum of Rs. 6 lacs has already been
received and the balance amount of Rs. 4 lacs has been received today by way
of demand draft bearing no. 003833 dated 31.12.2025 drawn on HDFC Bank.
10. She submits that though some clothes of her had not been returned by
the petitioner but in lieu thereof, she has received a sum of Rs. 15,000/- today
through online mode.
11. Parties are present in Court and the Court has interacted with them.
12. Upon query, respondent No.2 has reiterated the terms and conditions of
the settlement and submits that in view of such settlement, she is no longer
interested in pursuing with instant FIR.
13. The Investigating Officer (I.O.) and learned counsel for respondent is
present and duly identifies her.
14. 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.
15. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
16. Consequently, to secure the ends of justice, FIR No. 54/2024 dated
31.01.2024, registered at P.S. Dwarka North, under Sections
498A/406/377/34 IPC along with all consequential proceedings emanating
therefrom, is hereby, quashed.
17. The petition stands disposed of in aforesaid terms.
18. Pending application also stands disposed of.
(MANOJ JAIN)
JUDGE
FEBRUARY 3, 2026/sw/js
