Ashish Kumar And ORS v. State Of NCT Of Delhi And ANR

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 6thApril, 2026 + CRL.M.C. 2565/2026 & CRL.M.A. 10452/2026 ASHISH KUMAR AND ORS .....Petitioners Through:

Mr. Varchsav Singh and Mr. Suyesh Chauhan, Advocates versus STATE OF NCT OF DELHI AND ANR .....Respondent Through:

Mr. Sunil Kumar Gautam, APP for State/R-1 Mr. Anurag Kasana, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

Petitioners herein seek quashing of FIR No. 116/2023 dated 08.04.2023, registered at Police Station GTB Enclave, for commission of offences under Section 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 30.04.2021, as per Hindu rights and ceremonies. There is no child from such wedlock. 3.

However, 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. 4.

Charge-sheet has already been filed and the case is at the stage of CRL.M.C. 2565/2026 1

arguments on charge.

5.

During the pendency of the matter, when parties were referred to mediation, they were able to resolve all their disputes. The settlement terms are recorded in Mediation Settlement dated 21.05.2025, which took place under the aegis of Mediation Centre, Karkardooma Courts, New Delhi 6.

Respondent no. 2 is also present in person and she is duly identified by her counsel and investigating officer, who is present in Court. 7.

When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Mediation Settlement dated 21.05.2025. She submits that there is already a divorce between them by way of mutual consent on 08.08.2025. She states that she has agreed to accept a total sum of Rs. 7,50,000/- as full and final settlement in lieu of alimony, istridhan, maintenance for self (past, present and future). She submits that she has already received the abovesaid amount as described in mediation proceedings. 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.

8.

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.

9.

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.

10.

Consequently, to secure the ends of justice, FIR No. 116/2023 dated CRL.M.C. 2565/2026 2

08.04.2023, registered at Police Station GTB Enclave, for commission of offences under Section 498A/406/34 IPC, is quashed subject to petitioners' depositing total cost of Rs. 10,000/- with Shahdara Bar Association Advocate Welfare Fund, Delhi (saving Account No.

90100100003204 IFSC-UCBA0002078, UCO Bank, Karkardooma Court, Delhi) within four weeks from today. Proof of deposit of cost and original affidavits of the parties be submitted before the learned Trial Court within further two weeks 11.

The petition stands disposed of in aforesaid terms. 12.

The pending application also stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE APRIL 06, 2026/dr/js CRL.M.C. 2565/2026 3