Allowed¶23

Nitin Rajput v. the State Govt of NCT of Delhi and Anr.

Quashing of FIR – matrimonial dispute

Delhi HC23 Jul 2026CRL.M.C./1313/2026

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Case brief

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What is this about?

Delhi High Court, Madhu Jain, J, order dated 23.07.2026 in CRL.M.C. 1313/2026: FIR No. 109/2012, P.S. Janakpuri (Sections 498A/406/34 IPC) quashed on basis of amicable settlement; marriage solemnized 16.04.2008, separated since 2011; Settlement Agreement dated 05.09.2017 before Counselling Cell, Family Court (West), Tis Hazari; divorce by mutual consent 11.10.2019 (Family Courts, Dwarka); settled amount Rs.3,50,000/- fully paid; Respondent No.2 consented to quashing; petition under Section 528 BNSS 2023 disposed of.

What did the court decide?

Quashing of FIR No. 109/2012, Police Station Janakpuri, District West, Delhi (Sections 498A/406/34 IPC) and all consequential proceedings emanating therefrom; the petition, along with pending application(s), if any, stands disposed of. ¶23

Nitin Rajput Vs the State Govt of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 109/2012 registered at Police Station Janakpuri, District West, Delhi, under Sections 498A/406/34 IPC, and all consequential proceedings arising therefrom, should be quashed on the basis of the amicable settlement arrived at between the parties.

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Court's answer

In view of the amicable resolution of all disputes between the parties, dissolution of the marriage by decree of divorce by mutual consent, payment of the entire settlement amount, and Respondent No.2 having no objection, no useful purpose would be served in continuing the criminal proceedings and there is no legal impediment to quashing the FIR.

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Ratio / Principle

FIR No. 109/2012 registered at Police Station Janakpuri, District West, Delhi, for the offences punishable under Sections 498A/406/34 IPC, and all consequential proceedings emanating therefrom, are hereby quashed.

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Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — petition under Section 528 BNSS, 2023 seeking quashing of FIR No. 109/2012, P.S. Janakpuri, District West, Delhi, under Sections 498A/406/34 IPC, lodged by Respondent No.2 against the Petitioner. Parties amicably resolved all disputes before the Counselling Cell, Family Court (West), Tis Hazari Courts, and executed a Settlement Agreement dated 05.09.2017; decree of divorce by mutual consent granted on 11.10.2019 by the Principal Judge, South-West, Family Courts, Dwarka; entire settled amount of Rs.3,50,000/- paid to Respondent No.2, who affirmed before the Court that the settlement was voluntary and raised no objection to quashing. Holding that continuation of criminal proceedings would serve no useful purpose and that there was no legal impediment, MADHU JAIN, J quashed the FIR and all consequential proceedings emanating therefrom and disposed of the petition with pending applications.

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ CRL.M.C. 1313/2026 & CRL.M.A. 5297/2026

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NITIN RAJPUT .....Petitioner

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Through: Mr. Sanchit Sehgal, Mr. Nagendra Singh & Ms. Shalu, Advs. Petitioner-in-person

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versus

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THE STATE GOVT OF NCT OF DELHI AND ANR.....Respondents Through: Ms. Richa Dhawan, APP for State. Respondent no.2-in-person SI Avant Lakra

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CORAM: HON'BLE MS. JUSTICE MADHU JAIN

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O R D E R

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% 23.07.2026

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This hearing has been done through hybrid mode.

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By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’ ), the petitioners seek quashing of FIR No. 109/2012 , registered at Police Station Janakpuri, District West, Delhi, under Sections 498A/406/34 of the Indian Penal Code,1860 (hereinafter referred to as the ‘IPC’ ), along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties.

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The Petitioner and Respondent No.2 are present before this Court and have been identified by the Investigating Officer (IO) concerned.

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Briefly stated, the marriage between Petitioner No.1 and Respondent No.2 was solemnized on 16.04.2008 in accordance with Hindu rites and

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This is a digitally signed order. 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 30/07/2026 at 14:32:19

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ceremonies. Out of the said wedlock, a daughter, namely Khyati, was born who is in the care and custody of Respondent No.2. Owing to matrimonial discord and temperamental differences, the parties started residing separately from the year 2011. Thereafter, Respondent No.2 lodged the present FIR against the Petitioners. During the pendency of the proceedings, with the intervention of family members and other respectable persons, the parties amicably resolved all their disputes before the Counselling Cell, Family Court, (West), Tis Hazari Courts, New Delhi, and executed a Settlement Agreement dated 05.09.2017. Pursuant to the settlement, a decree of divorce by mutual consent was granted on 11.10.2019 by the learned Principal Judge, South-West, Family Courts, Dwarka, New Delhi.

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Learned counsel for the Petitioners submits that, in terms of the settlement arrived at between the parties, the entire settled amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) has been paid to Respondent No.2. It is further submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement.

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On a query made by this Court, Respondent No.2, who has been duly identified by the IO, categorically states that she has entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed.

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In view of the fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved by a decree of divorce by

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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 30/07/2026 at 14:32:19

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mutual consent, the entire settlement amount has been paid, and Respondent No.2 has no objection to the quashing of the FIR, no useful purpose would be served in continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case.

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Accordingly, FIR No. 109/2012 , registered at Police Station Janakpuri, District West, Delhi, for the offences punishable under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom, are hereby quashed.

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The present petition, along with pending application(s), if any, stands disposed of.

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The order be uploaded on the website forthwith.

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MADHU JAIN, J

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JULY 23, 2026/b/Av

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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 30/07/2026 at 14:32:19

Nitin Rajput v. the State Govt of NCT of Delhi and Anr.

Case brief

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Nitin Rajput v. the State Govt of NCT of Delhi and Anr.

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