Rakesh Kumar And Others v. The State Of NCT Of Delhi And Anthor

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2026 + CRL.M.C. 4294/2026 & CRL.M.A. 17325/2026 RAKESH KUMAR AND OTHERS .....Petitioner Through:

Mr.

Farahim Khan and Mr.

Nasimuddin, Advocates.

Petitioners in person.

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

Mr. Raj Kumar, APP for the State with SI Harsh Vardhan.

Mr. Sunil Kumar, Advocate.

Respondent No.2 in person.

CORAM:

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

Petitioners herein seek quashing of FIR No. 343/2022 dated 28.07.2022, registered at Police Station Karawal Nagar, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, 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 21.04.2014, as per Hindu rites and customs. One female child was born from the abovesaid wedlock. 3.

However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it CRL.M.C. 4294/2026 1

resulted into registration of the abovesaid FIR. As per the allegations made in the FIR the complainant i.e. respondent No.2, also claimed that her father-in-law had touched her inappropriately and thereby outraged her modesty.

4.

Charge-sheet has already been filed.

5.

The next date before the learned Trial Court is stated to be 05.09.2026. 6.

However, when the matter was referred to counselling, the parties were able to amicably resolve the matter under the aegis of Counselling Cell, Family Courts, Karkardooma, North-East District on 23.01.2026. As per the settlement agreement, the custody of the daughter would remain with petitioner No.1 (father) and respondent No.2 (mother) would have visitation rights.

7.

It is in the abovesaid backdrop that quashing is being sought. 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 abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 06.04.2026. She states that she has agreed to accept a total sum of Rs. 14,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs. 10,00,000/- and the balance amount of Rs.4,00,000/- has been received today in the shape of Demand Draft drawn on Kotak Mahindra 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.

CRL.M.C. 4294/2026 2

10.

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.

11.

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.

12.

Consequently, to secure the ends of justice, FIR No. 343/2022 dated 28.07.2022, registered at Police Station Karawal Nagar, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 10,000/- with District Legal Service Authority, North-East District, Karkardooma Courts within two weeks from today. 13.

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 further two weeks, 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 MAY 29, 2026/ss/pb CRL.M.C. 4294/2026 3