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Delhi High Court
Amit Arya vs State Nct Of Delhi And Anr on 19 February, 2026
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19th February, 2026
+ CRL.M.C. 1418/2026&CRL.M.A. 5690/2026
AMIT ARYA .....Petitioner
Through: Mr. Anuj Sharma with Mr. Anil
Kumar Sharma, Advocates.
versus
STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Ashneet Singh, APP with SI
Manoj Kumar.
Mr. Satender Mann, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 285/2023 dated
14.02.2023, registered at P.S. Paschim Vihar, for commission of offences
under Sections 354/354A/354B/323 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 10.11.2008, as per
Hindu rites and ceremonies. They were blessed with a baby boy on
23.09.2010.
3. However, due to certain temperamental differences, the parties started
living separately w.e.f. 14.02.2022.
4. When respondent No.2 was alone at her home on 13.02.2023,
according to her allegations, her husband forcibly entered the house and
forced himself upon her, which resulted in the registration of abovesaid FIR.
5. Fact, however, remains that both the parties have settled all their
disputes.
6. The initial settlement took place on 22.01.2025 and the terms of the
settlement were amended on 17.09.2025.
7. Copy of amended MoU dated 17.09.2025 is on record, as per which,
the parties have agreed to divorce each other by mutual consent and
respondent No.2 has also given her no objection if the custody of their son
remains with the petitioner i.e. father. She also abandons her claim, right, title
or interest in the property situated at Paschim Vihar.
8. Respondent No. 2 is present in Court with her counsel.
9. Evidently, both the parties have been able to settle all their matrimonial
disputes and have agreed to part ways in a graceful manner.
10. Respondent No.2 has also filed an affidavit, stating therein, that since
she has compromised and settled all her matrimonial claims and disputes
without any threat, force or coercion from any side in any manner, whatsoever
and has no grievance against the petitioner, she would have no objection if the
present FIR is quashed.
11. The Investigating Officer (I.O.) is present and identifies respondent
No.2.
12. When asked, Respondent No.2 reiterated the terms of such settlement
and submitted that marriage has been dissolved by decree of divorce dated
29.11.2025 by mutual consent under Section 13B(2) of Hindu Marriage Act,
1955.
13. Chargesheet has already been filed, albeit, for aggravated offence of
Section 376 B IPC also and the case is before the concerned Court of Sessions
for consideration of charges.
14. Fact remains that the offences are matrimonial in nature, though, in
aggravated form as the alleged act of sexual assault, which has been attributed
to the petitioner, took place when the parties were living separately.
Admittedly, there is no order or decree of judicial separation as such.
15. In view of the settlement arrived at between the parties, continuing with
criminal proceedings would serve no useful purpose.
16. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
17. Consequently, to secure ends of justice, FIR No. 285/2023 dated
14.02.2023, registered at P.S. Paschim Vihar, for commission of offences
under Sections 354/354A/354B/323 IPC, along with all consequential
proceedings emanating therefrom, is hereby, quashed subject to petitioner
depositing cost of Rs.20,000/- with Delhi High Court Staff Welfare Fund
[Account no. 15530110074442: IFSC UCBA0001553] within two weeks
from today.
18. The petition stands disposed of in aforesaid terms.
19. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 19, 2026/sw/pb
