Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26th February, 2026 + W.P.(CRL) 685/2026 & CRL.M.A. 6381/2026
PRATHAM DEV & ORS. .....Petitioners Through: Mr. Shivam Sharma with Ms. Prince Gupta, Advocates with petitioners in person.
versus
THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with SI Charu Saini, PS Aman Vihar Mr. Rakesh Tiwari with Mr. Saroj Endlaw, Mr. Vikash Kumar, Mr. Manish Kumar Jha and Mr. Vikash Kumar, Advocates for respondent No.2 with 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.138/2021 dated
Sections 498A/406/506/34 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 23.11.2019, as per
Hindu rites and ceremonies. There is no child from the abovesaid wedlock.
3. However, on account of some compatibility issues, parties started
living separately and, on account of such matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of abovesaid
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FIR.
4. Charge-sheet has already been filed. However, charges are yet to be
framed.
5. Fact, however, remains that both the parties have been able to amicably
settle all their matrimonial disputes and have agreed to part ways in a graceful manner under the aegis of Delhi Mediation Centre, Rohini Courts, on 10.07.2025
6. Pursuant to such settlement, parties have also obtained divorce by way
of mutual consent on 01.11.2025.
7. Petitioners are present in Court.
8. Respondent No.2 is present in Court with her counsel. The
Investigating Officer (I.O.) is also present and identifies her.
9. When asked, Respondent No.2 reiterated the terms of such settlement
and submits that there is already a divorce between them. She states that she has agreed to accept a sum of Rs.6,51,000/- in lieu of her istridhan, alimony, maintenance (past, present and future) and the balance amount of Rs.2,17,000/- has been received by her today by way of Demand Draft bearing No.011413 dated 07.02.2026 drawn on Axis Bank during the course of proceedings. She submits that she has amicably settled all her disputes with the petitioners and she would have no objection if FIR in question is quashed. Her affidavit to abovesaid effect has also been placed on record.
10. The next date of hearing before the learned Trial Court is stated to be
24.05.2026.
11. 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
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case, even the complainant does not wish to press any charges against the petitioners.
12. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
13. Consequently, to secure the ends of justice, FIR No.138/2021 dated
Sections 498A/406/506/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total cost of Rs.20,000/- with Delhi Legal Services Authority (North-West) within four weeks from today. Proof of deposit of such cost as well as original affidavit of petitioners and respondent No.2 shall be submitted before the learned Trial Court within further two weeks so that these become part of Trial Court Record.
14. The petition stands disposed of in aforesaid terms.
15. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
FEBRUARY 26, 2026/st/js
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