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Delhi High Court
Kailash Pathray And Ors vs State Of Nct Of Delhi And Anr on 17 February, 2026
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th February, 2026
+ CRL.M.C. 519/2026 & CRL.M.A. 2085/2026
KAILASH PATHRAY AND ORS .....Petitioners
Through: Mr. Rajiv Singh Pilania with
Mr. Girdhari Singh and Mr. Rishabh
Sharma, Advocates with petitioner
No.1 in person and petitioner Nos.2 to
5 through V.C.
versus
STATE OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Raj Kumar, APP for the State with
SI Mukesh Kumar and ASI Subhash
Chand, PS Badarpur
Advocate for respondent No.2
(appearance not given) 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.220/2024 dated
06.04.2024, registered at P.S. Badarpur, for commission of offences under
Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961,
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 17.01.2019, as per
Hindu rites and ceremonies. The parties were blessed with a baby girl in the
year 2019 itself.
3. However, due to certain temperamental differences, 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, reportedly, been filed.
5. Quashing is being sought for the reason that the parties have amicably
settled all their matrimonial disputes and as per the terms of settlement,
parties have also obtained divorce by way of mutual consent on 28.10.2025.
6. Petitioner No.1 is present in person in Court whereas, rest of the
petitioners have joined the proceedings through video-conferencing.
7. Respondent No.2 is present in Court alongwith her brother and her
counsel. The Investigating Officer (I.O.) is present and duly identifies her.
8. When asked, Respondent No.2 reiterated the terms of such settlement
and submits that she has agreed to accept a sum of Rs.21,00,000/- as full and
final settlement in lieu of alimony, istridhan, maintenance for self (past,
present and future). The abovesaid total amount also constitutes FDRs worth
Rs.9,00,000/- in the name of her daughter. She submits that she has already
received such FDR worth Rs.9,00,000/- and also Rs.10,00,000 in her own
name. The balance amount of Rs.2,00,000/- has been paid today by way of
Demand Draft in the sum of Rs.1,50,000/- bearing No.495098 drawn on
Canara Bank and the remaining amount of Rs.50,000/- in cash. Respondent
No.2 acknowledges having received the same and submits that as per the
terms of settlement, the custody of their daughter would remain with her, with
no visitation rights to the petitioners.
9. Respondent No.2 has also filed an affidavit stating therein that since
she has settled all her disputes with the petitioners amicably, she would have
no objection if the FIR in question is quashed.
10. 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.
11. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
12. Consequently, to secure the ends of justice, FIR No.220/2024 dated
06.04.2024, registered at P.S. Badarpur, for commission of offences under
Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961,
along with all consequential proceedings emanating therefrom, is hereby,
quashed subject to petitioners depositing total cost of Rs.20,000/- with Delhi
High Court Staff Welfare Fund [Account no. 15530110074442: IFSC
UCBA0001553] within two weeks from today.
13. The petition stands disposed of in aforesaid terms.
14. Pending applications also stand disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 17, 2026/st/sa
