High CourtsSingle Bench

Amit Dhawan And Ors vs State N C T Of Delhi And Anr

Delhi High Court · Decided on 12 May 2026 · Citation: (2026) 05 DEL CK 0647

HON’BLE JUDGES
Manoj Jain, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl) No. 1028 Of 2026
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Judgment

14 paragraphs · 454 words

Manoj Jain, J

1.

Petitioners herein seek quashing of FIR No. 0278/2023 dated 29.05.2023 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. Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 10.02.2020 according to Hindu rites and ceremonies. No child is born from the abovesaid wedlock.

3.

However, on account of some matrimonial discord and temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No. 2 it resulted into in registration of abovesaid FIR.

4.

Charge-sheet has not been filed and the case is at the stage of investigation.

5.

However, when the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Counselling Cell, Rohini Courts on 11.03.2025 and have decided to part ways, gracefully.

6.

It is in the abovesaid backdrop that quashing is being sought.

7.

Petitioners are present in person.

8.

Respondent No.2 is present with her counsel and has been duly identified by her counsel as well as by Investigating Officer.

9.

When asked, respondent No. 2 reiterates the terms of settlement. She also submits that there is already a divorce between them by way of mutual consent on 14.01.2026. She states that she has agreed to accept a total sum of Rs. 10,00,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 6,00,000/- and balance amount of Rs. 4,00,000/- has been received today by way of Demand Draft drawn on ICICI Bank.

10.

She states 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.

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 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 Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

13.

Consequently, to secure the ends of justice, FIR No. 0278/2023 dated 29.05.2023 registered at Police Station Mehrauli for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavit of respondent No.2 shall be handed over to concerned SHO/IO within ten days.

14.

The petition stands disposed of in aforesaid terms.