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Delhi High Court
Hemant Kumar & Ors vs State Of Nct Of Delhi & Anr on 19 March, 2026
$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19th March, 2026
+ W.P.(CRL) 878/2026 & CRL.M.A. 8369/2026
HEMANT KUMAR & ORS. .....Petitioner
Through: Mr. D.K. Bhatia, Advocate along with
P-1 in person (Through VC)
versus
STATE OF NCT OF DELHI & ANR. .....Respondent
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) with Mr. Abhinav Arya and Mr.
Aryan Sachdeva, Advocates for
State/-R-1 and WSI Sweta, PS Laxmi
Nagar
R-2 in person (Through VC)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 951/2021 dated
04.09.2021, registered at police station Paschim 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. The marriage between complainant (respondent No.2 herein) and
petitioner No.1 was solemnized on 04.02.2014, as per Hindu traditions, rites
and customs. The couple was blessed with one male child from such
wedlock.
3. However, on account of temperamental differences, the parties started
residing separately.
4. On account of matrimonial discord, a complaint was lodged by
respondent No.2, which resulted into registration of the abovesaid FIR.
5. Charge-sheet has yet not been filed.
6. With the intervention of common friends and relatives, parties have
entered into a comprehensive Memorandum of Understanding (MoU) dated
12.08.2024 and have been able to resolve all their disputes and have decided
to live together.
7. It is in the abovesaid backdrop that quashing is being sought.
8. Respondent no. 2 has joined the proceedings through
videoconferencing and she is duly identified by IO-SI Sweta.
9. When asked, respondent No. 2 submitted that the matter has been
amicably settled and she is residing with her husband and her in-laws in
complete peace and harmony since September 2024. She states that all the
terms of settlement have already been implemented and in terms of such
settlement, she does not want to pursue present FIR.
10. Keeping in mind the overall facts of the case and the fact that
respondent No. 2 is residing happily with her husband/petitioner no. 1 and
does not want any further action against any of the petitioners, continuing with
criminal proceedings would serve no useful purpose, especially, when the couple
is now enjoying matrimonial bliss. Moreover, the dispute does not involve any
public interest and is private in nature.
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. 951/2021 dated
04.09.2021, registered at police station Paschim Vihar for commission of
offences under Sections 498A/406/34 IPC, along with all consequential
proceedings arising therefrom, is quashed.
13. Original affidavits of the parties, copies of which have been placed on
record in the present proceedings, shall be submitted before the concerned
SHO/IO within four weeks from today.
14. The petition stands disposed of in aforesaid terms.
15. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 19, 2026/dr/sy
