Ritu Chernalia & Ors. v. State of NCT of Delhi & Anr.

Delhi HC19 Dec 2025CRL.M.C./7630/2025

Case brief

AI extract

What is this about?

CRL.M.C. 7630/2025, Delhi High Court, Vikas Mahajan, J., order dated 19.12.2025 — quashing of FIR on basis of settlement; Section 528 BNSS; FIR No. 297/2021 PS Saket under Sections 323/354/506/509 r/w Section 34 IPC; cross-case FIR 242/2022 PS-KM Pur under Sections 498A/406/34 with Section 377 IPC added; Settlement Agreement dated 10.02.2025 (Annexure-P-5); cross-FIR quashed in Crl. M.C. 7388/2025 vide order dated 16.10.2025; complainant (respondent no.2) affirmed settlement and gave no objection; matrimonial/family dispute; petition allowed, FIR and consequential proceedings quashed.

What did the court decide?

Quashing of FIR No. 297/2021 under Sections 323/354/506/509 read with Section 34 IPC registered at PS Saket, Delhi, along with all other proceedings emanating therefrom; petition disposed of in the above terms. ¶¶32

Ritu Chernalia & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 297/2021 under Sections 323/354/506/509 read with Section 34 IPC registered at PS Saket, Delhi, and all consequential proceedings emanating therefrom, ought to be quashed under Section 528 BNSS on the ground that the parties have arrived at a settlement.

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Court's answer

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings; rather, continuance would create further acrimony between them, and it is in the interest of justice that the FIR and all other proceedings emanating therefrom be quashed.

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Ratio / Principle

The petition is allowed; FIR No. 297/2021 under Sections 323/354/506/509 read with Section 34 IPC registered at PS Saket, Delhi, along with all other proceedings emanating therefrom, is quashed.

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Detailed headnote1 paragraphs

Quashing of FIR on settlement — Petition under Section 528 BNSS by accused persons seeking quashing of FIR No. 297/2021, PS Saket (Sections 323/354/506/509 read with Section 34 IPC), arising out of a scuffle dated 13.10.2021 between petitioners and respondent no.2 and her family members — Backdrop of matrimonial discord: petitioner no.1 married to brother of respondent no.2 (married 08.12.2010, one male child in her custody), living separately since September, 2021 — Cross-case FIR 242/2022 (Sections 498A/406/34, later 377 IPC added), PS-KM Pur, at instance of petitioner no.1 — Comprehensive Settlement Agreement dated 10.02.2025 (Annexure-P-5); cross-FIR already quashed vide order dated 16.10.2025 in Crl. M.C. 7388/2025 — Respondent no.2/complainant affirmed settlement before Court and raised no objection — Held: once parties have settled, no useful purpose would be served in continuing the proceedings, which would only create further acrimony; in the interest of justice, FIR No. 297/2021 and all consequential proceedings quashed — Petition allowed (Vikas Mahan, J., 19.12.2025).

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7630/2025

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RITU CHERNALIA & ORS. .....Petitioners Through: Mr. Harshvardhan Pandey, Advocate.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Tarang Srivastava, learned APP for State with SI Ajay Kumar, PS-Saket. Mr. Aditya Chhibber, Advocate for R2.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 19.12.2025

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CRL.M.A. 37972/2025

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 7630/2025

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The present petition has been filed on behalf of the petitioners under Section 528 of BNSS seeking quashing of FIR No. 297/2021 under Sections 323/354/506/509 read with Section 34 IPC registered at PS Saket, Delhi and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

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Issue notice.

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Mr. Tarang Srivastava, learned APP for the State accepts notice.

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Petitioner no.1,former wife of the brother of respondent no.2, is present in Court, whereas, petitioner nos. 2 and 3, who are mother and brother of petitioner no.1 respectively, as well as, respondent no.2, sister of

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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 27/12/2025 at 12:00:27

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former husband of petitioner no.1, have joined through VC. They have been identified by Mr. Harshvardhan Pandey, learned counsel for petitioners, Mr. Aditya Chhibber, learned counsel for respondent no. 2, as well as, by the investigating officer SI Ajay Kumar, PS-Saket.

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The case of the prosecution is that a scuffle between the petitioners with respondent no.2 and her family members took place on 13.10.2021, which led to the registration of present FIR at the instance of respondent no.2.

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It is further the case of the prosecution that marriage between petitioner no.1 and brother of respondent no.2 was solemnized on 08.12.2010 and a male child was born out of the said wedlock, who is in the care and custody of petitioner no.1. However, on account of temperamental issues, certain disputes arose between the parties and they started living separately since September, 2021, which led the registration of cross-case being FIR 242/2022, under Sections 498A/406/34 registered at PS-KM Pur at the instance of petitioner no.1. However, subsequently, offence under Section 377 of IPC was also added in the said FIR at the time of filing of chargesheet.

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He contends that during the pendency of the present proceedings, parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 10.02.2025, copy of which is annexed as Annexure-P-5 to the present petition.

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Mr. Pandey submits that in terms of the settlement, the aforesaid cross-FIR has already been quashed by this Court vide order dated 16.10.2025 in Crl. M.C. 7388/2025.

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On being queried by this Court, respondent no. 2 affirm the factum of

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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 27/12/2025 at 12:00:27

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settlement, and states that she has no objection in case the present FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No. 297/2021 under Sections 323/354/506/509 read with Section 34 IPC registered at PS Saket, Delhi alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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DECEMBER 19, 2025/ jg

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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 27/12/2025 at 12:00:27

Ritu Chernalia & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Ritu Chernalia & Ors. v. State of NCT of Delhi & 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

Case details

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