Kapil Malhotra & Anr v. Govt of NCT of Delhi & Anr

J U D G M E N T (oral)

¶1Petitioners herein seek quashing of FIR No. 870/2014 dated

12.11.2014, registered at Police Station North Rohini, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

¶2The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 23.11.2010, as per Hindu rites and customs. One baby girl is born from the abovesaid wedlock.

¶3However, on account of temperamental differences, the parties started

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residing separately w.e.f July, 2013 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

¶4Charge-sheet has already been filed.

¶5As per the order dated 27.04.2016 passed by the learned Trial Court, summons were issued to Kapil Malhotra, Mr. Rajendera Kumar Malhotra and Mr. Kamlesh Malhotra and the other two accused persons were not summoned as there were no specific allegations against them.

¶6Mr. Rajendera Kumar Malhotra has already died and the proceedings qua him stand abated.

¶7When the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Rohini District Courts, Delhi on 13.11.2024.

¶8It is in the abovesaid backdrop that quashing is being sought.

¶9Respondent no. 2 is present through video-conferencing and she has been duly identified by her counsel as well as by Investigating Officer.

¶10When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She submits that there is already a divorce between them by way of mutual consent on 12.08.2025. She states that she has agreed to accept a total sum of Rs. 15,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received the abovesaid amount. Her daughter would remain in her custody and there is a provision of visitation rights to the petitioners in the settlement agreement dated 13.11.2024.

¶11She 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

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quashed.

¶12In 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.

¶13Accordingly, 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.

¶14Consequently, to secure the ends of justice, FIR No. 870/2014 dated

12.11.2014, registered at Police Station North Rohini, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

¶15Original affidavits, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

¶16The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE AUGUST 21, 2026/ss/sk

CRL.M.C. 2032/2026 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st August, 2026 # CNR No. DLHC010105332026 + CRL.M.C. 2032/2026 KAPIL MALHOTRA & ANR. .....Petitioner Through: Mr. Tarun Sharma and Mr. Tushar Datta, Advocates along with petitioner No.1 in person. versus GOVT OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Rajkumar, APP for the State with SI Bhanu. Mr. Sushant Rao and Mr. Arjun Bhalla, Advocates for R-2. Respondent No.2 through V.C. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN