Nitin Nelson & ANR. v. Govt Of NCT Of Delhi & ANR.
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2026 + W.P.(CRL) 1724/2026 NITIN NELSON & ANR.
.....Petitioner Through:
Mr. Saurabh and Mr. Rahul Gahlot, Advocates alongwith petitioners in person.
versus GOVT OF NCT OF DELHI & ANR.
.....Respondent Through:
Mr. Sanjay Lao, Standing Counsel (Crl) for the State with Ms. Priyam Agarwal, Mr. Abhinav Kumar and Mr.
Aryan Sachdeva.
SI Gurdeep and SI Kajal.
Mr. Mohit Kumar, Advocate 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.
Petitioners herein seek quashing of FIR No. 585/2023 dated 30.07.2023, registered at Police Station Seemapuri, 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 21.09.2021, as per Christian rites and customs. No child is born from the abovesaid wedlock. 3.
However, on account of temperamental differences, the parties started W.P.(CRL) 1724/2026 1
residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR. 4.
Investigation is still ongoing and charge-sheet has yet not been filed. 5.
It is submitted that father of petitioner No.1 has, unfortunately, expired and copy of his death certificate has been placed on record which indicates the date of death as 25.10.2025.
6.
Fact remains that in relation to family matter, 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, Shahadara on 22.09.2025.
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 submits that there is already a divorce between them by way of mutual consent under Section 10A(2) of Indian Divorce Act, 1869 on 21.02.2026. She states that she has relinquished all her claims with respect to istridhan, dowry, maintenance (past, present and future), compensation, and permanent alimony qua her marriage. 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.
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 W.P.(CRL) 1724/2026 2
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. 585/2023 dated 30.07.2023, registered at Police Station Seemapuri, 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.
13.
Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted to concerned SHO/IO within four weeks from today.
14.
The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE MAY 29, 2026/ss/pb W.P.(CRL) 1724/2026 3