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Delhi High Court
Abhishek Dhallwal & Ors vs The Nct Of Delhi & Anr on 12 March, 2026
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th March, 2026
+ CRL.M.C. 1781/2026&CRL.M.A. 7308/2026
ABHISHEK DHALLWAL & ORS. .....Petitioner
Through: Mr. Yuganshu Sharma with Mr.
Sarthak Vashishth, Advocates along
with petitioners.
versus
THE NCT OF DELHI & ANR. .....Respondent
Through: Mr. Raj Kumar, APP with SI Anita
and SI Shiwali.
Mr. Johnny, Advocate alongwith
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.549/2020, dated
17.09.2020, registered at P.S. Keshav Puram, Delhi, 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. The marriage between complainant (respondent No.2 herein) and
petitioner No.1 was solemnized on 10.12.2017, as per Hindu rites and
ceremonies. There is one baby-boy from the abovesaid wedlock.
3. However, due to certain temperamental differences, the parties started
living separately since 2019 and on the basis of report lodged by respondent
no. 2, abovesaid FIR was registered.
4. The charge-sheet has, though, been filed, the charges are yet to be
ascertained.
5. Fact remains that both the parties were able to amicably sort out their
all differences and have agreed to part ways in a graceful manner. They have,
accordingly entered into Memorandum of Understanding (MoU) on
22.01.2025.
6. Respondent no. 2 is present in-person and is duly identified by IO and
her counsel.
7. When asked, respondent no. 2 reiterated the terms of settlement and
submits that that the matter has been amicably settled and has already taken
divorce by way of mutual consent on 04.10.2025. She submits that the
abovesaid MoU, which bears her signatures and thumb impression, has been
entered into by her with her own free will and without any pressure, coercion
and influence from any corner whatsoever.
8. She submits that as per the mutual settlement, she has agreed to accept
a sum of Rs. 13.50 lacs towards full and final satisfaction of her claims
including istridhan, maintenance, alimony etc. (past, present and future).
She submits that she already received a sum of Rs. 8 lacs and the balance
amount of Rs. 5.50 lacs has been received by her today during the course of
proceedings, by way of Demand Draft bearing No. 977091 dated 11.03.2026
drawn on Kotak Mahindra Bank.
9. She also submits that she has already received back her istridhan and as
per the terms of abovesaid settlement, the custody of their son would remain
with her, with no visitation rights to petitioners. She also submits that she
would have 'no objection' if the FIR in question is quashed.
10. Petitioner Nos. 2 and 5 are present through video-conferencing while
rest of the petitioners are present in-person and all of them undertake to
comply with the terms of settlement.
11. Next date of hearing before the learned Trial Court is stated to be
15.04.2026.
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. Continuing with the criminal proceedings would thus be an exercise in
futility and the trial would serve no fruitful purpose and further proceedings
would rather result in hostility between the parties, defeating the very purpose
of their settlement. In view thereof, it is deemed appropriate to quash the
instant FIR in exercise of the inherent powers vested in this Court under
Section 528 of the BNSS.
14. Consequently, to secure the ends of justice, FIR No.549/2020, dated
17.09.2020, registered at P.S. Keshav Puram, Delhi, for commission of
offences under Sections 498A/406/34 IPC, along with all consequential
proceedings arising therefrom, is hereby, quashed subject to depositing total
cost of Rs. 25,000/- with concerned District Legal Services Authority within
four weeks. Proof of such deposit along with copy of MoU, original
affidavits of petitioners as well as respondent no. 2, copies of which have
been filed with the present petition, be submitted before the learned Trial
Court on or before next date of hearing before learned Trial Court.
15. The petition stands disposed of in aforesaid terms.
16. Application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 12, 2026/sw/sa
