[Cites 3, Cited by 0]
Delhi High Court
Sourabh Gupta And Ors vs State (Govt. Of Nct Of Delhi) & Anr on 16 February, 2026
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th February, 2026
+ CRL.M.C. 1278/2026 & CRL.M.A. 5132/2026
SOURABH GUPTA AND ORS.
.....Petitioners
Through: Mr. Vipin Tiwari, Mr. Bhupender and
Mr. Parikshit Bedi, Advocates.
versus
STATE (GOVT. OF NCT OF DELHI) & ANR.
.....Respondent
Through: Mr. Raj Kumar, APP for the State.
Ms. Avnit Kaur, Advocate for
Complainant (through V.C.).
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners seek quashing of FIR No. 859/2022 dated 18.12.2022,
registered at P.S. Sangam Vihar, under Sections 498A/406/34 IPC, along with
all consequential proceedings arising therefrom, on the basis of settlement
arrived at between the parties.
2. Petitioner No.1 got married to respondent No.2 on 27.02.2020, as per
Hindu rites and ceremonies. The couple was blessed with a baby child on
06.01.2021.
3. However, on account of some matrimonial discord and temperamental
differences, parties started residing separately and on the basis of complaint
lodged by respondent No.2, abovesaid FIR was registered.
4. However, thereafter the parties have patched up all their differences
and have drawn Memorandum of Understanding (MoU) dated 21.04.2025.
5. As per such MoU, parties have obtained divorce by way of mutual
consent on 15.11.2025 and respondent No.2 has also agreed to accept a total
sum of Rs.9 lacs in lieu of istridhan, alimony, maintenance (past, present and
future) and litigation expenses.
6. The custody of the daughter shall remain with respondent No.2 and her
father would have visitation rights in terms of the abovesaid MoU.
7. The parties have also agreed to withdraw the all other cases in relation
to the abovesaid marriage.
8. Respondent No.2 is present in person in the Court and is duly identified
by her counsel as well as I.O.
9. The charge-sheet has been filed, albeit, charges are yet to be
ascertained.
10. She reiterates the terms of MoU and submits that she had already
received Rs.7 lacs and the balance settlement amount of Rs.2 lacs has been
received by her today in shape of Demand Draft drawn on Axis Bank.
11. She submits that she has entered into settlement voluntarily, without
any pressure, coercion and undue influence from any corner whatsoever and
therefore, would have no objection if the present FIR is quashed.
12. 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.
13. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
14. Consequently, to secure the ends of FIR No. 859/2022 dated
18.12.2022, registered at P.S. Sangam Vihar, under Sections 498A/406/34
IPC, along with all consequential proceedings arising therefrom, along with
all consequential proceedings arising therefrom, is hereby, quashed.
15. The petition stands disposed of in aforesaid terms.
16. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 16, 2026/ss/sa
