Allowed¶35

Nikhil Gulati v. State of NCT of Delhi & Anr.

Delhi HC1 Dec 2025CRL.M.C./8516/2025

Case brief

AI extract

What is this about?

Quashing of FIR in matrimonial dispute on settlement; CRL.M.C. under S.528 BNSS (old S.482 Cr.P.C.); FIR No. 457/2016, Ss.498A/406/34 IPC, P.S. Rani Bagh; marriage 02.06.2013, separation 18.01.2016; MOU dated 31.05.2025; divorce by mutual consent decree dated 24.09.2025 (Family Court, Rohini); total payment Rs.10,50,000 (Rs.7,00,000 earlier, Rs.3,50,000 by DD 082174 dt.06.11.2025, Bank of Baroda); complainant consented to quashing; FIR and consequential proceedings quashed; petition allowed; Coram: Vikas Mahajan, J; decision dated 01.12.2025.

What did the court decide?

Quashing of FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh and all other proceedings emanating therefrom. ¶35

Nikhil Gulati Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh and all other proceedings emanating therefrom.

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Issue for consideration

Whether FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh and all consequential proceedings emanating therefrom ought to be quashed on the ground that the parties have arrived at a settlement.

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Court's answer

In view of the settlement arrived at between the parties, no useful purpose would be served in continuing the proceedings; rather, continuation would create further acrimony between them.

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Ratio / Principle

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

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Key takeaways

The petition is allowed; FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh and all other proceedings emanating therefrom stand quashed.ratio¶35

Detailed headnote1 paragraphs

Delhi High Court (Vikas Mahajan, J., 01.12.2025) allowed a petition under Section 528 BNSS (old Section 482 Cr.P.C.) and quashed FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh along with all consequential proceedings, on the basis of settlement between the parties. The petitioner and respondent no.2 married on 02.06.2013 and had lived separately since 18.01.2016. Pursuant to a Memorandum of Understanding dated 31.05.2025, they obtained a decree of divorce by mutual consent dated 24.09.2025 from the Principal Judge, Family Court, NorthWest District, Rohini, Delhi, and the petitioner paid the agreed Rs.10,50,000/- towards full and final settlement of respondent no.2's claims (streedhan, permanent alimony, dowry articles, maintenance past, present and future): Rs.7,00,000/- at the recording of first and second motion and the balance Rs.3,50,000/- by demand draft no.082174 dated 06.11.2025 (Bank of Baroda). Respondent no.2 acknowledged receipt and stated before the Court that she did not wish to prosecute the criminal proceedings any further and had no objection to quashing. Holding that, the parties having settled, no useful purpose would be served in continuing the proceedings and that continuation would create further acrimony, and that quashing was in the interest of justice, the Court allowed the petition and quashed the FIR and all proceedings emanating therefrom.

¶1

$~90

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8516/2025

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NIKHIL GULATI .....Petitioner

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Through: Mr. Sanjay Madan, Advocate.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Richa Dhawan, learned APP for State with SI Pradeep, PS-Rani Bagh. Mr. Punit Vinay and Mr. Prashant Bhati, Advocates 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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% 01.12.2025

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CRL.M.A. 35588/2025 and CRL.M.A. 35589/2025

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Allowed, subject to all just exceptions.

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Applications stand disposed of.

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CRL.M.C. 1612/2025

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The present petition has been filed by petitioner under Section 528 BNSS (Old Section 482 Cr.P.C.) seeking quashing of FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh 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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Ms. Richa Dhawan, learned APP for the State accepts notice.

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The petitioner and respondent no.2 are present in Court and they have

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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 04/12/2025 at 11:20:38

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been identified by Mr. Sanjay Madan, learned counsel appearing on behalf of petitioner and Mr. Punit Yadav, learned counsel for respondent no.2 as well as, by investigating officer SI Pradeep, PS-Malviya Nagar.

¶23

The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 02.06.2013 according to Hindu Rites and Customs and a male child was born out of the said wedlock, who is in the care and custody of respondent no.2. However, on account of temperamental issues, certain disputes arose between the parties and they started living separately since 18.01.2016. The dispute between the parties also led to the registration of present FIR.

¶24

During pendency of the proceedings with the intervention of their parents and relatives, parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 31.05.2025, copy of which is annexed as Annexure-P-4 to the present petition.

¶25

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner and respondent no.2 have obtained a decree of divorce dated 24.09.2025 from the Principal Judge, Family Court, NorthWest District, Rohini, Delhi, which is annexed as Annexure-5 to the present petition.

¶26

It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.10,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of which Rs. 7,00,000/- has already been paid to respondent no.2 at the time of

¶27

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 04/12/2025 at 11:20:38

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recording of first and second motion. Remaining amount of Rs. 3,50,000/has been paid today to respondent no.2 by way of demand draft number 082174 dated 06.11.2025 issued by Bank of Baroda.

¶30

The receipt of entire amount of Rs.10,50,000/- is acknowledged by the respondent no.2.

¶31

On a query posed by the Court, respondent no.2 states that she does not wish to prosecute the criminal proceedings any further and has no objection in case the FIR is quashed.

¶32

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.

¶33

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

¶34

Consequently, the petition is allowed and FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh 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 1, 2025/ jg

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This is a digitally signed order.

¶40

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 04/12/2025 at 11:20:38

Nikhil Gulati v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Nikhil Gulati 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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