Quashed¶21

Suresh and Anr. v. the State Govt. of NCT of Delhi and Anr.

Delhi HC16 Jul 2025CRL.M.C./4627/2025

Case brief

AI extract

What is this about?

Delhi High Court quashes FIR No.0428/2016 (Sections 498A/406/34 IPC, PS Nand Nagri) on amicable settlement; petition under Section 528 BNSS; Settlement Deed dated 12.02.2024; marriage dissolved by mutual consent 28.03.2025 under Section 13-B Hindu Marriage Act, 1955; total payment Rs.9,25,000/- (maintenance, istridhan, alimony) fully paid incl. Rs.3,50,000/- Demand Draft accepted in Court; wife (Respondent No.2) gave no objection; FIR and consequential proceedings quashed; petition disposed; Coram: Neena Bansal Krishna; decided 16.07.2025.

What did the court decide?

FIR No.0428/2016 under Sections 498A/406/34 IPC registered at PS: Nand Nagri and all consequential proceedings emanating therefrom quashed; the Petition alongwith pending Application disposed of accordingly. ¶21

Suresh and Anr. Vs the State Govt. of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.0428/2016 under Sections 498A/406/34 IPC (PS: Nand Nagri) and the proceedings arising therefrom should be quashed in view of the amicable settlement between the parties vide Settlement Deed dated 12.02.2024.

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Court's answer

Since the parties amicably resolved their differences out of their own free will and without any coercion, and the matter is a family dispute, no useful purpose would be served in continuing with the proceedings; quashing of the FIR is in the interest of justice.

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Ratio / Principle

There is no legal impediment in quashing the FIR in question.

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Key takeaways

FIR No.0428/2016 under Sections 498A/406/34 IPC, registered at PS: Nand Nagri, and all consequential proceedings emanating therefrom are quashed.ratio¶21

Detailed headnote1 paragraphs

CRL.M.C. 4627/2025 (High Court of Delhi, Neena Bansal Krishna, J., 16.07.2025): Petition under Section 528 of the BNSS seeking quashing of FIR No.0428/2016 under Sections 498A/406/34 IPC, PS: Nand Nagri — registered on 08.05.2016 on the complaint of the wife — was allowed in terms of Settlement Deed dated 12.02.2024. The parties had amicably settled all disputes; the marriage (solemnized 01.12.2014) was dissolved by mutual consent on 28.03.2025; the husband paid the agreed Rs.9,25,000/- (Rs.5,75,000/- earlier, acknowledged; balance Rs.3,50,000/- by Demand Draft accepted in Court). Respondent No.2 confirmed receipt of all amounts and raised no objection. Holding that the differences were resolved voluntarily and without coercion, that the matter was a family dispute in which continuation would serve no fruitful purpose and create further acrimony, and that there was no legal impediment, the Court quashed the FIR and all consequential proceedings and disposed of the Petition with the pending application.

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4627/2025

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SURESH AND ANR. .....Petitioners Through: Mr. Rahul Nagpal and Mr. Akash Gupta, Advocates with Petitioners in person.

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versus

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THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Shoaib Haider, APP with SI Dinesh Kumar, PS: Nand Nagri. Mr. S. K. Jha and Ms. Mohini, Advs. for R-2.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 16.07.2025

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CRL.M.A. 20114/2025

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1. Exemption allowed, subject to all just exceptions.

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2. The Application stands disposed of.

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CRL.M.C. 4627/2025

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3. Petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS”) has been filed on behalf of the Petitioners for quashing of FIR No.0428/2016 under Sections 498A/406/34 IPC, registered at PS: Nand Nagri, in terms of Settlement Deed dated 12.02.2024.

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4. Issue Notice.

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5. Learned APP and learned Counsel for the Respondent No. 2 appearing on advance Notice, accept Notice.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 11:52:50

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6. Brief facts of the case are that the marriage between Petitioner No.1/husband and the Respondent No. 2/wife was solemnized on 01.12.2014, according to the Hindu rites and ceremonies. A female child was born out of the said wedlock on 05.09.2016, who shall remain in custody of Respondent No.2/wife. Due to temperamental issues, Petitioner No.1/husband and Respondent No. 2/wife are residing separately since 03.01.2016.

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7. It is further submitted that on 08.05.2016, on the basis of complaint made by the Respondent No. 2, FIR No.0428/2016 under Sections 498A/406/34 IPC was registered at PS: Nand Nagri.

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8. It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No.1/husband. It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them vide Settlement Deed dated 12.02.2024.

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9. The parties are present before this Court in-person today and have been identified by their learned Counsel and concerned Investigating Officer.

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10. In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No.1/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955, from the Court of learned Principal Family Judge, Delhi. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.9,25,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in three instalments.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 11:52:50

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11. It is also stated that the Petitioner No.1/husband shall pay first instalment of Rs.2,25,000/- to Respondent No. 2/wife at the time of recording of statements of both the parties before the Court under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs.3,50,000/- along with Jewellery Articles shall be paid to the Respondent No. 2 at the time of recording of statement before the Court in Petition under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third instalment of Rs.3,50,000/- shall be paid by the Petitioner No.1/husband by way of Bank Draft/Pay Order to the Respondent No.2, at the time of quashing the aforesaid FIR. It is also submitted that the parties shall withdraw all the proceedings pending against each-other.

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12. It is stated that the Petitioner No.1/husband has already paid Rs.5,75,000/- to Respondent No. 2, which is acknowledged by Respondent No. 2. The balance settled amount of Rs.3,50,000/- has also been paid today in the Court by way of Demand Draft in favour of Respondent No. 2, which is accepted by her.

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13. It is also stated that on 28.03.2025, the marriage between the Petitioner No.1/husband and the Respondent No. 2/wife, had been dissolved by mutual consent, as per the Hindu law.

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14. In view of Settlement Deed dated 12.02.2024, the present Petition has been filed.

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15. The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms of the Settlement.

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16. The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 12.02.2024 and thus, no fruitful purpose

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 11:52:50

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will be served in continuing with the FIR.

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17. The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of Settlement Deed dated 12.02.2024 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion.

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18. The Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed.

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19. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

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20. Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

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21. Consequently, FIR No.0428/2016 under Sections 498A/406/34 IPC, registered at PS: Nand Nagri and all consequential proceedings emanating therefrom are quashed.

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22. The Petition alongwith pending Application, is disposed of accordingly.

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NEENA BANSAL KRISHNA, J.

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JULY 16, 2025/ R

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 11:52:50

Suresh and Anr. v. the State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Suresh and Anr. v. the State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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