Kumar Kaushik And ORS v. The State Govt Of NCT Of Delhi And ANR
$~113 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th May, 2026 + KUMAR KAUSHIK AND ORS .....Petitioners Through:
Mr. S.C. Sagar, Mr. Umang Sharma, Mr. Himanshu Rathi and Mr. Naeem Ahmed, Advocates with petitioners in person versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Satinder Singh Bawa, APP for the State with SI Nitesh, Vasant Kunj.
Respondent No.2 (through V.C.)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CRL.M.A. 17192/2026 (exemption) Exemption allowed subject to all just exceptions. 1.
Petitioners herein seek quashing of FIR No.279/2022 dated 28.05.2022, registered at Police Station Vasant Kunj, Delhi, 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.
The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 25.04.2012 as per Hindu rites and ceremonies. They were blessed with a baby girl out of the said 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 next date of hearing before the learned Trial Court is stated to be 08.10.2026. 5.
When the matter was referred to Counselling Cell by the learned Principal Judge, Family Courts, Patiala House Courts, New Delhi, the parties were able to resolve all their disputes. Copy of such Settlement Deed dated 11.08.2025 is also on record.
6.
It is in the abovesaid backdrop that quashing is being sought. 7.
Petitioners are present in Court.
8.
Respondent no.
has joined the proceedings through video-conferencing and she has been duly identified by Investigating Officer, who is present in Court.
9.
When asked, respondent No. 2 reiterated the terms of abovesaid settlement and submits that there is already a divorce between them by way of mutual consent on 17.02.2026. She submits that she has not sought any maintenance for herself and as per the agreement, petitioner No.1 would keep on making payment @ Rs.25,000/- per month towards the maintenance for their child by transferring the amount every month, online. 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. 10.
Petitioner No.1 also undertakes to adhere to the terms of Settlement Deed dated 11.08.2025.
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 petitioner.
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.279/2022 dated 28.05.2022, registered at Police Station Vasant Kunj, Delhi, 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. 20,000/- in the account Delhi High Court Legal Services Committee (DHCLSC) within four weeks. Proof of deposit of cost and original affidavits of the parties shall be submitted within further two weeks before the learned Trial Court.
14.
The present petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE MAY 26, 2026/st/sa