Devender and Ors v. State of NCT of Delhi and Anr

J U D G M E N T (oral)

¶1Petitioners herein seek quashing of FIR No.112/2024 dated

25.01.2024, registered at Police Station Swaroop Nagar, for commission of offences under Sections 498A/406/506/34 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 28.11.2022, as per Hindu rites and customs. No child is born from the abovesaid wedlock.

¶3However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

W.P.(CRL) 2049/2026 2

¶4Charge-sheet has already been filed.

¶5Fortunately, both the parties have amicably settled all their disputes and have entered into comprehensive Memorandum of Understanding (MoU) dated 19.01.2026 and have also decided to part ways gracefully.

¶6Copy of such Memorandum of Understanding has been placed on record.

¶7It is in the abovesaid backdrop that quashing is being sought.

¶8Respondent no. 2 is present in person and she has been duly identified by her counsel as also by Investigating Officer.

¶9When asked, respondent No. 2 reiterated the terms of abovesaid settlement and that there is already a divorce between them by way of mutual consent on 20.03.2026. She states that she has agreed to accept a total sum of Rs.2,20,000/- towards full and final settlement in lieu of istridhan, alimony, maintenance (past, present and future). Out of the abovesaid total settlement amount of Rs. 2,20,000/-, she has already received Rs.1,70,000. The balance amount of Rs.50,000/- has been received by her today in the shape of Demand Draft drawn on Axis Bank. 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.

¶10In 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.

¶11Accordingly, exercising inherent powers vested in this Court under

W.P.(CRL) 2049/2026 3

Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

¶12Consequently, to secure the ends of justice, FIR No.112/2024 dated

25.01.2024, registered at Police Station Swaroop Nagar, for commission of offences under Sections 498A/406/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

¶13Memorandum of Understanding and original affidavits of the parties, 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.

¶14The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE

SEPTEMBER 1, 2026/sw/sa

W.P.(CRL) 2049/2026 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 1st September, 2026 # CNR No. DLHC010303122026 + W.P.(CRL) 2049/2026 DEVENDER AND ORS .....Petitioner Through: Ms. Sumita Mann, Advocate. versus STATE OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Anand V Khatri, ASC with ASI Surya Kant. Mr. Sushant Dahiya, Mr. Lalit Vats, Advocates for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN