Manjeet Kumar Godara And ORS v. The State The NCT Of Delhi And ANR

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th April, 2026 + CRL.M.C. 3262/2026 & CRL.M.A. 13257/2026 MANJEET KUMAR GODARA AND ORS .....Petitioner Through:

Mr. Shubham Sharma and Mr. Akshay Mishra, Advocates alongwith petitioners in person.

versus THE STATE THE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Raj Kumar, APP for the State with SI Pragati Rana.

Mr. Anoop Pathak and Mr. Sudhanshu Singh, Advocates for R-2 alongwith respondent No.2 in person.

CORAM:

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

Petitioner seeks quashing of FIR No. 404/2019 dated 01.10.2019, registered at Police Station Dwarka North, for commission of offences under Sections 498A/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 10.02.2012 as per Hindu rites and customs. They were blessed with a baby boy.

3.

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

4.

Charge-sheet has already been filed and case is, reportedly, at the stage of prosecution evidence.

5.

Fact however, remains that since there were other matters between the CRL.M.C. 3262/2026 1

parties, the parties were referred to mediation where they were able to amicably resolve the matter under the aegis of Mediation Centre, Dwarka Courts, New Delhi on 20.05.2025.

6.

As per the terms of settlement, petitioner No.1 i.e. husband of respondent No.2, has agreed to make payment of Rs. 10,000/- per month to respondent No.2 for her and their son.

7.

The both have agreed to reside separately, without getting divorce and mutual decision has also taken place with respect to the custody and visitation of their child. These terms are recorded in para 5 of Mediation order which read as under:- "a) The complainant/wife and the respondent/husband have decided to live separately without giving divorce at their respective places. b) The permanent custody of the minor child would remain with complainant/wife. The respondent/husband shall have visitation rights to meet the child on every Second and Fourth Saturdays and the complainant shall have no objection if the child stays with the respondent/husband on those days.

c) This settlement shall not affect the legal rights of the child, if any. d) The complainant/wife shall withdraw present case and connected case at Sl. No. 1 above on date fixed in those matters. e) The respondent/husband shall withdraw the connected case at Sl. No.2 above on date fixed in that matter.

f) The respondents Sh. Manjeet Kumar Godara, Smt. Prem and Sh. Rajbir Singh shall move appropriate petition for disposal of the connected case FIR before the Hon'ble High Court within six months from today. The complainant/wife in the said FIR shall cooperate and sign the NOC /affidavit , if any required."

8.

Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer. 9.

When asked, respondent No. 2 reiterates the terms of the abovesaid settlement. She states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner CRL.M.C. 3262/2026 2

whatsoever and therefore, she would have 'no objection' if FIR in question is quashed in terms of the abovesaid settlement. 10.

During course of the proceedings, petitioner No.1 assured and undertook that he would abide by the terms and settlement as recorded in the abovesaid mediation order and would continue to make payment of maintenance @ Rs.10,000/- per month. His such undertaking is taken on record.

11.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. 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. 404/2019 dated 01.10.2019, registered at Police Station Dwarka North, for commission of offences under Sections 498A/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. 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 two weeks from today, 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.

(MANOJ JAIN) JUDGE APRIL 28, 2026/ss/pb CRL.M.C. 3262/2026 3