Hemant Pasrija & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th May, 2026 + CRL.M.C. 3651/2026&CRL.M.A. 14834/2026 HEMANT PASRIJA & ORS.
.....Petitioner Through:
Mr. Davinder Gora, Mr. Amandeep Singh, Mr. Sanket B, Advocates along with petitioners.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through:
Mr. Ashneet Singh, APP with SI Ratan Bai.
Mr. Paramesh Takkar, Advocate for R-2 with 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. 56/2023 dated 28.01.2023 registered at Police Station North Rohini 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 25.11.2007 according to Hindu rites and ceremonies. The couple was blessed with one baby girl.
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 been filed.
5.
However, when the parties were referred to Counselling Cell, Family Courts, North-West, Rohini, Delhi, they were able to resolve all their disputes
before the Counsellor attached with Family Courts, North-West, Rohini, Delhi and have decided to part ways, gracefully. According to the settlement, custody of their daughter will remain with respondent No. 2 and petitioner No. 1 shall have no visitation rights.
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 as mentioned in Memorandum of Understanding on 09.05.2025. She also submits that there is already a divorce between them by way of mutual consent on 22.01.2026. She states that she has agreed to accept a total sum of Rs. 30,00,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 20,00,000/- and balance amount of Rs. 10,00,000/- has been received today through demand draft dated 25.03.2026 drawn on State Bank of India. As per the terms of settlement, the petitioner/husband also agreed to transfer 50% of rights in property bearing No. 032, Ansal Housing Project, Muzaffar Nagar, Uttar Pradesh, admeasuring 153 sq. meters. Respondent No.2 submits that she has already received transfer documents with respect to her share of 50% in the abovesaid property.
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. 56/2023 dated 28.01.2023 registered at Police Station North Rohini for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners' depositing total cost of Rs. 25,000/- in the account of Delhi Legal Services Authority (DLSA), North-West District on or before the next date of hearing before the learned Trial Court. Original MoU as well as original affidavits of the parties be also submitted before the learned Trial Court. 14.
The petition stands disposed of in aforesaid terms. 15.
Pending application also stands disposed of.
(MANOJ JAIN) JUDGE MAY 11, 2026/sw/pb