Disposed¶27

Surender Prasad & Ors. v. State Govt of NCT of Delhi & Anr.

Delhi HC11 May 2026CRL.M.C./3394/2026

Case brief

AI extract

What is this about?

Quashing of FIR on matrimonial settlement/compromise; Section 528 BNSS 2023 inherent-power quashing petition; FIR No. 407/2020, P.S. Jaitpur, Delhi; Sections 498A/406/34 IPC; Delhi Mediation Centre, Saket Courts; Settlement Agreement dated 07.01.2026; divorce decree granted; respondent's voluntary compromise without coercion; receipt of settlement payments; no objection to quashing; FIR and consequential proceedings quashed; petition disposed of; coram Madhu Jain, J.; decided 11.05.2026.

What did the court decide?

Quashing of FIR No. 407/2020 registered at Police Station Jaitpur, Delhi, for offences punishable under Sections 498A/406/34 IPC, and of all consequential proceedings emanating therefrom; petition and pending application disposed of. ¶27

Surender Prasad & Ors. Vs State Govt of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether FIR No. 407/2020 registered at Police Station Jaitpur, Delhi, for offences punishable under Sections 498A/406/34 IPC, and all consequent proceedings emanating therefrom, should be quashed on the basis of the settlement arrived at between the parties.

¶16

Court's answer

Since the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose would be served by continuing the proceedings, which would only create further acrimony; it is in the interest of justice to quash the FIR and the proceedings pursuant thereto, and there is no legal impediment to doing so.

¶23

Ratio / Principle

FIR No. 407/2020 registered at Police Station Jaitpur, Delhi, for offences punishable under Sections 498A/406/34 IPC, and all consequential proceedings emanating therefrom, stand quashed.

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Detailed headnote1 paragraphs

High Court of Delhi (Madhu Jain, J.), CRL.M.C. 3394/2026, decided 11.05.2026: Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 407/2020, P.S. Jaitpur, Delhi (offences punishable under Sections 498A/406/34 IPC), filed on the basis of a settlement reached between the parties. Marriage of petitioner no. 1 and respondent no. 2 (solemnized 27.01.2019) had broken down; divorce decree already granted; parties settled amicably before Delhi Mediation Centre, Saket Courts vide Settlement Agreement dated 07.01.2026. Respondent no. 2, identified by the IO, affirmed before the Court that she compromised out of her own free will without pressure, coercion or threat, had received all payments due under the settlement, and raised no objection to quashing. Holding that continuation would serve no useful purpose and would only create further acrimony, that quashing was in the interest of justice, and that no legal impediment existed, the Court quashed the FIR and all consequential proceedings and disposed of the petition with the pending application.

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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. 3394/2026 & CRL.M.A. 13708/2026

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SURENDER PRASAD & ORS. .....Petitioners

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Through: Mr. Ayush Vardhan and Mr. Surbhit Nandan, Advocates

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versus

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STATE GOVT OF NCT OF DELHI & ANR. .....Respondents

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Through: Mr. Sunil Kumar Gautam, APP for the State.

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Mr. Sandeep Mishra, Advocate for R- 2.

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CORAM: HON'BLE MS. JUSTICE MADHU JAIN

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O R D E R % 11.05.2026

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CRL.M.A. 13709/2026 (exemption)

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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. 3394/2026

¶16

The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR No. 407/2020 , registered at Police Station Jaitpur, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter referred to as the ‘ IPC' ) and all consequent proceedings emanating therefrom on the basis of settlement arrived at between the parties.

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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 14/05/2026 at 11:49:02

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Issue notice. The learned APP accepts notice on behalf of the State.

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All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and the Investigating Officer (IO) concerned, Police Station Jaitpur, Delhi.

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Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 27.01.2019, in accordance with Hindu rites and ceremonies. No child was born out of the said wedlock. It is stated that various differences, disputes and issues had arisen between the petitioners and the respondent no. 2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that the decree of divorce has already been granted by the learned Trial Court. It is stated that the parties have now amicably settled their dispute before Delhi Mediation Centre, Saket Courts vide Settlement Agreement dated 07.01.2026.

¶22

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. She further states that she has received all the payments due to her as per settlement and therefore, she has no objection if the present FIR is quashed.

¶23

In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

¶24

This is a digitally signed order.

¶25

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 14/05/2026 at 11:49:02

¶26

Accordingly, FIR No. 407/2020 , registered at Police Station Jaitpur, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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The present petition, along with pending application, stands disposed of.

¶28

The order be uploaded on the website forthwith.

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MADHU JAIN, J.

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MAY 11, 2026/zp/Av

¶31

This is a digitally signed order.

¶32

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 14/05/2026 at 11:49:02

Surender Prasad & Ors. v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Surender Prasad & Ors. v. State Govt 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

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