Sunny & ORS. v. State Of NCT Of Delhi & ANR.
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2026 + SUNNY & ORS.
.....Petitioners Through:
Ms. Sumati Sharma and Mr. Himanshu Vij, Advocates.
Petitioners in person.
versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Raj Kumar, APP for the State with SI Bajrang Singh, PS Nangloi.
Ms. Pallavi Vashist, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CRL.M.A. 17486/2026 (exemption) Exemption allowed subject to all just exceptions. 1.
Petitioners herein seek quashing of FIR No.126/2021 dated 11.03.2021, registered at Police Station Nangloi, for commission of offences under Sections 498A/406/506/34 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 01.05.2014, as per Hindu rites and customs. One girl 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 resulted into registration of the abovesaid FIR. 4.
Charge-sheet has already been filed but charges are yet to be framed. 5.
However, when the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Counselling Cell, Family Court, Tis Hazari Courts, Delhi on 14.02.2025. As per the terms of settlement, the custody of daughter of respondent No.2 would be with mother, i.e. respondent No.2, with no visitation rights to father i.e. petitioner No.1. 6.
It is in the abovesaid backdrop that quashing is being sought. 7.
Petitioners are present in Court.
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 03.11.2025. She states that she has agreed to accept a total sum of Rs. 18 Lacs as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received a sum of Rs. 12 lacs and the balance amount of Rs.6 lacs has been received today in the shape of Demand Draft drawn on Central Bank of India. 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 undertakes to adhere to the terms of settlement. 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.126/2021 dated 11.03.2021, registered at Police Station Nangloi, for commission of offences under Sections 498A/406/506/34 IPC along with all consequential proceedings arising therefrom, is, hereby, quashed. 14.
Original affidavits of the parties shall be submitted before the learned Trial Court within four weeks, so that these become part of Trial Court Record.
15.
The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE MAY 29, 2026/st/pb