Roshan and Ors. Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

Roshan and Ors. Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition allowed: FIR No. 295/2024 dated 06.05.2024 (P.S. Palam Village) under Sections 498A/406/34 IPC and all consequential proceedings quashed, subject to deposit of Rs. 15,000/- with DLSA South-West within four weeks and filing of proof of deposit, original settlement agreement and original affidavits before the Trial Court within a further two weeks; pending application also disposed of accordingly.

Issue for consideration

Whether FIR No. 295/2024 dated 06.05.2024 registered at Police Station Palam Village for offences under Sections 498A/406/34 IPC, and all consequential proceedings emanating therefrom, should be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

In view of the settlement arrived at between the parties, continuing with the criminal proceedings would serve no useful purpose, especially when the dispute does not involve any public interest and is primarily private in nature; moreover, even the complainant does not wish to press any charges against the petitioners.

Ratio / Principle

The Court accepted respondent No.2's affidavit deposing that she does not wish to pursue the FIR and that she entered into the settlement voluntarily, without any force, coercion or pressure from any corner whatsoever; other cases between the parties had also been withdrawn.

Key takeaways

To secure the ends of justice, FIR No. 295/2024 dated 06.05.2024 registered at Police Station Palam Village for offences under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, stands quashed, subject to the petitioners depositing total cost of Rs. 15,000/- with Delhi Legal Services Authority (DLSA), South-West, within four weeks.ratio¶12
Proof of deposit of the cost, the Original Settlement Agreement dated 01.07.2025, and the original affidavits of the petitioners and respondent No.2 shall be submitted before the learned Trial Court within a further two weeks so that they become part of the Trial Court Record.ratio¶13

Detailed headnote1 paragraphs

Criminal Procedure — Quashing of FIR on basis of compromise — Matrimonial dispute between Muslim spouses married on 19.03.2017, living separately since 2021 — FIR No. 295/2024 dated 06.05.2024, P.S. Palam Village, Sections 498A/406/34 IPC — charge-sheet filed but charges yet to be ascertained — parties settled at Mediation Centre, Dwarka Courts (Mediation Order dated 01.07.2025) and divorced by Mubarat Nama dated 26.11.2025 — respondent No.2 (complainant-wife) accepted total Rs. 8,00,000/- (Rs. 5,00,000/- earlier; balance Rs. 3,00,000/- by Demand Draft No.000304 dated 12.03.2026, Bank of India) in lieu of mehar, iddat expenses, permanent alimony, istridhan and maintenance — her affidavit deposed voluntary settlement without force, coercion or pressure and non-pursuance of FIR; other cases withdrawn — dispute primarily private in nature involving no public interest; complainant did not wish to press charges — FIR and consequential proceedings quashed subject to deposit of Rs. 15,000/- with DLSA (South-West) within four weeks; proof of deposit, original settlement agreement and original affidavits to be placed before Trial Court within a further two weeks — petition disposed of.

$~63

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 13^th March, 2026

- CRL.M.C. 1823/2026 & CRL.M.A. 7501/2026

ROSHAN AND ORS .....Petitioners

Through: Mr. Abid Ibrahim with Mr. Rahul Kumar and Mr. Adnan Khan, Advocates with petitioners in person.

versus

THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Raj Kumar, APP for the State Mr. S.Y. Usmani, 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)

Petitioners herein seek quashing of FIR No. 295/2024 dated 06.05.2024, registered at Police Station Palam Village, for commission of offences under Sections 498A/406/34 of IPC, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 19.03.2017, as per Muslim rites and ceremonies. There is no child from the abovesaid wedlock.

However, on account of some temperamental differences between the parties, they started residing separately since 2021 and on the basis of report lodged by respondent no. 2, abovesaid FIR was registered.

The charge-sheet has already been filed, albeit , charges are yet to be

Signature Not Verified

CRL.M.C. 1823/2026

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Signed By:SONIA THAPLIYAL Signing Da te:1 6.03.2026 17:47:48

ascertained.

However, when the parties were referred to Mediation Centre, Dwarka Courts, New Delhi, they came to an amicable solution and agreed to part ways in a graceful manner as would be apparent from Mediation Order dated 01.07.2025. Parties have already taken divorce by way of Mubarat Nama on 26.11.2025 and a certificate to the abovesaid effect has also been placed on record.

Petitioners are present in Court.

Respondent No.2 is present in Court and is represented by her counsel.

The Investigating Officer is also present in Court and identifies respondent No.2.

When asked, respondent No.2 reiterated the terms of settlement and submits that she has agreed to accept a total sum of Rs.8,00,000/- from the petitioners herein in lieu of mehar amount, iddat expenses, permanent alimony, istridhan , maintenance (present, past & future). She submits that she has already received a sum of Rs.5,00,000/- and the balance amount of Rs.3,00,000/- has been received today by her in the shape of a Demand Draft bearing No.000304 dated 12.03.2026 drawn on Bank of India.

She has also filed affidavit clearly deposing therein that she does not want to pursue with FIR in question and that she has entered into the abovesaid settlement voluntarily, without any force, coercion and pressure from any corner whatsoever. She also submits that the other cases between the parties have also been withdrawn.

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

Signature Not Verified

CRL.M.C. 1823/2026 2

Signed By:SONIA THAPLIYAL Signing Da te:1 6.03.2026 17:47:48

case, even the complainant does not wish to press any charges against the petitioners.

Consequently, to secure the ends of justice, FIR No. 295/2024 dated 06.05.2024, registered at Police Station Palam Village, for commission of offences under Sections 498A/406/34 of IPC along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total cost of Rs.15,000/- with Delhi Legal Services Authority (DLSA), South-West, within four weeks.

Proof of deposit of such cost as well as Original Settlement Agreement dated 01.07.2025 and original affidavits of petitioners and respondent No.2, copies of which have been filed with the present petition, shall be submitted before the learned Trial Court within further two weeks so that these become part of Trial Court Record.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of in aforesaid terms

(MANOJ JAIN) JUDGE

MARCH 13, 2026/st/sa

Signature Not Verified

CRL.M.C. 1823/2026

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Signed By:SONIA THAPLIYAL Signing Da te:1 6.03.2026 17:47:48