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Delhi High Court
Sh Amit Kumar & Ors vs The State Nct Of Delhi & Anr on 9 March, 2026
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09th March, 2026
+ W.P.(CRL) 718/2026 & CRL.M.A. 6798/2026
SH AMIT KUMAR & ORS. .....Petitioners
Through: Mr. Linkon Goswami & Mr. Nitin
Goswami, Advs.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel
Mr. Mohit Anish, Adv. for R-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.452/2023 dated
06.08.2023, registered at P.S. Harsh Vihar, 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 24.02.2014, as per
Hindu rites and customs. They were blessed with a baby girl from the
abovesaid wedlock.
3. However, on account of some compatibility issues, the parties started
living separately. On account of such matrimonial discord, a complaint was
lodged by respondent No.2, which resulted into registration of abovesaid FIR.
4. The matter is still pending investigation as charge-sheet has yet not
been filed.
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 settlement took place when the matter was referred to the
Counselling Cell, Family Courts, Karkardooma, Shahdara, Delhi. A copy of
such settlement dated 15.07.2025 has also been placed on record.
7. Pursuant to such settlement, parties have already obtained divorce by
way of mutual consent on 17.01.2026.
8. Petitioners are present in Court.
9. Respondent No.2 is present in Court with her counsel. The
Investigating Officer (I.O.) is also present and identifies her.
10. When asked, Respondent No.2 reiterated the terms of such settlement
and submits that she has agreed to accept a sum of Rs.12,50,000/- 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.7,00,000/- in the name of her daughter. She has received Rs. 9 lacs
already which includes said FDRs. The balance amount of Rs. 3,50,000/-
has been paid today by way of Demand Draft dated 19.02.2026 drawn on
State Bank of India and thus, she has received the entire settlement amount.
She states that she would have no objection if FIR in question is quashed.
11. The original affidavits of the petitioners and also of the respondent No.
2 have been handed over to the I.O., today in Court.
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 and matrimonial
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 justice, FIR No.452/2023 dated
06.08.2023, registered at P.S. Harsh Vihar, for commission of offences under
Sections 498A/406/34 IPC, 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 four weeks from today.
15. The petition stands disposed of in aforesaid terms.
16. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 9, 2026/jk/js
