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Delhi High Court
Naresh Kashyap & Ors vs The State Govt Of Nct Of Delhi & Anr on 18 February, 2026
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th February, 2026
+ CRL.M.C. 1371/2026 & CRL.M.A. 5506/2026
NARESH KASHYAP & ORS. .....Petitioners
Through: Mr. Tushant, Advocate.
versus
THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Raj Kumar, APP for the State with
SI Dharmveer, SI Puran Singh, PS
Dabri.
Mr. Abhilash, Advocate for
respondent No.2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No.398/2018 dated
27.07.2018, registered at P.S. Dabri, for commission of offences under
Sections 498A/406/34 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 04.11.2014, as per
Hindu rites and ceremonies. The parties were blessed with a baby boy from
such wedlock in the year 2015.
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 with CAW Cell, Dwarka, Sector-9, New
Delhi, which resulted into registration of abovesaid FIR.
4. Charge-sheet has been filed and charges have already been framed and
the case is already at the stage of prosecution evidence and the next date is
28.02.2026.
5. Fact, however, remains that both the parties have been able to settle all
their matrimonial disputes and have agreed to part ways in a graceful manner.
6. The terms of settlement are found recorded in Memorandum of
Understanding (MOU) dated 19.05.2025.
7. All the petitioners, except petitioner No.2-Smt. Bhur Devi @ Bhuri
Devi, are present physically in Court. It is submitted that on account of her
medical condition, she is unable to enter inside the premises, though, she is
present outside the Court premises.
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 submitted that marriage has been dissolved by decree of divorce dated
15.12.2025 by mutual consent under Section 13B(2) of Hindu Marriage Act,
1955. She also submits that, in terms of settlement, she has agreed to accept a
sum of Rs.10 lacs in lieu of alimony, istridhan, maintenance for self (past,
present and future) and submits that the entire abovesaid amount has already
been received by her. She also submits that, as per the settlement terms, her
son would remain in her custody, with no visitation rights to the petitioners.
She submits that she has entered into the abovesaid settlement voluntarily and
there is no threat, force or coercion from any side, whatsoever.
10. The affidavits of all the petitioners as well as respondent No.2 are also
annexed with the petition. The contents of the affidavits have also been
perused.
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.398/2018 dated
27.07.2018, registered at P.S. Dabri, for commission of offences 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.
15. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 18, 2026/st/pb
