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Delhi High Court
Abhiruchi Kant Aswal & Ors vs The State Govt. Of Nct Of Delhi And Anr on 13 March, 2026
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13th March, 2026
+ W.P.(CRL) 791/2026
ABHIRUCHI KANT ASWAL & ORS. .....Petitioners
Through: Mr. Aman Kumar, Advocate along
with petitioners-in-person
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondent
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) for State/R-1
PSI Varsha, PS Mehrauli
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CRL.M.A. 7644/2026 (for exemption)
Exemption allowed, subject to all just exceptions.
W.P.(CRL) 791/2026
1. Petitioners herein seek quashing of FIR No. 0454/2021 dated
05.08.2021, registered at police station Mehrauli 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 27.11.2015, as per Hindu traditions, rites
and customs. There is no issue from such wedlock.
3. However, on account of temperamental and irreconcilable differences,
the parties started residing separately.
4. On account of such matrimonial discord, a complaint was lodged by
respondent No.2, which resulted into registration of the abovesaid FIR.
5. Charge-sheet has been filed.
6. However, when the parties were referred to mediation, they reached an
amicable resolution and settlement took place under the aegis of Mediation
Centre, Saket Court, New Delhi. Parties have agreed to part ways in a graceful
manner as would be apparent from Mediation Order dated 09.09.2025.
7. Respondent no. 2 is present in person and she has been duly identified
by her counsel as well as by investigating officer. She reiterates the terms of
settlement as mentioned in Mediation Order dated 09.09.2025. She submits
that there is already a divorce between them by way of mutual consent
8. As per settlement, certain jewellery articles and Rs. 50,000/- were to be
returned today at the time of quashing.
9. During the course of proceedings, respondent no. 2 has received a
demand draft bearing no. 530622 dated 12.03.2026 drawn on ICICI Bank as
well as her jewellery articles, as per her own satisfaction, and, therefore, she
has 'no objection' if present FIR and proceedings emanating thereof are
quashed. She submits that she has entered into the abovesaid settlement out of
her own free will, without any coercion and influence from any corner
whatsoever and therefore, she would have 'no objection' if FIR in question is
quashed. Her affidavit to abovesaid effect is also on record.
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 Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed
appropriate to quash the instant FIR.
12. Consequently, to secure the ends of justice FIR No. 0454/2021 dated
05.08.2021, registered at police station Mehrauli for commission of offences
under Sections 498A/406/34 IPC, along with all consequential proceedings
arising therefrom, quashed subject to cost of Rs. 20,000/- to be deposited with
District & Sessions Courts Employees Welfare Association (Account No.
38222714058 IFSC: SBIN0000726, Branch: Tis Hazari) within two weeks
from today. Proof of deposit of cost and original affidavits of the parties be
submitted before the concerned learned Trial Court within further two weeks.
13. The petition stands disposed of in aforesaid terms.
14. Aforesaid application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 13, 2026/dr/pb
