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Delhi High Court
Yogesh Parcha And Others vs The State Nct Of Delhi And Anr on 11 February, 2026
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th February, 2026
+ CRL.M.C. 2361/2025
YOGESH PARCHA AND OTHERS
.....Petitioner
Through: Ms. Mercy Hussain and Ms. Kirti
Singh, Advocates.
versus
THE STATE NCT OF DELHI AND ANR
.....Respondent
Through: Mr. Sunil Kumar Gautam, APP for the
State with SI Sonu.
Mr. Saranjeet Singh, Advocate for
R-2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioner seeks quashing of FIR No. 0009/2022, registered at Police
Station Vivek Vihar for commission of offence under Sections 498A/406/34
IPC, along with all consequential proceedings arising therefrom.
2. Marriage between petitioner No.1 and respondent No.2 was
solemnized on 17.02.2016.
3. However, on account of some temperamental differences, the parties
started residing separately and on the basis of report lodged by respondent
No.2, the abovesaid FIR was registered.
4. Charge-sheet has already been filed against all the three petitioners.
5. However, in relation to one complaint filed by the respondent No.2
under Section 12 of Protection of Women from Domestic Violence Act, 2005,
the matter was referred to Mediation and the parties have been able to settle
all their disputes under the aegis of Delhi Mediation Centre, Karkardooma
Courts, Delhi and have agreed to divorce each other by mutual consent.
6. Respondent No.2 has also agreed to accept a sum of Rs.3 lacs as full
and final settlement towards all her claims regarding alimony, jewellery,
istridhan, maintenance (past present and future).
7. There is no child from the abovesaid wedlock.
8. The divorce has already taken place on 04.09.2023 and the other cases
between the parties, in relation to the abovesaid matrimonial discord, have
already been withdrawn.
9. The statement of the petitioners as well as of respondent No.2 were
recorded by the learned Joint Registrar (Judicial) and, in such statement,
respondent No.2 has reiterated the terms of the settlement and has also
submitted that she does not want to pursue the FIR in question and would
have no objection if the same is quashed.
10. She also submits that she has already received a sum of Rs.3 lacs. It is
also apprised that respondent No.2 has already re-married.
11. Keeping in mind the overall facts, the contents of the affidavit and the
fact that the parties have already decided to part ways in a graceful manner
and have obtained divorce by way of mutual consent, and in view of the
abovesaid settlement, continuing with criminal proceedings would serve no
useful purpose, especially, when dispute does not involve any public interest
and is, primarily, private in nature.
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. 0009/2022,
registered at Police Station Vivek Vihar for commission of offence under
Sections 498A/406/34 IPC, along with all consequential proceedings
emanating therefrom, is hereby, quashed.
14. The petition stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 11, 2026/ss/pb
