Disposed¶24

Mohit Gaur & Ors. v. the State of NCT of Delhi and Anr.

Delhi HC7 Jan 2026W.P.(CRL)/38/2026

Case brief

AI extract

What is this about?

Quashing of FIR; Sections 498A/406 IPC; matrimonial dispute; amicable settlement; Settlement Agreement dated 26.06.2025; decree of divorce by mutual consent; compromise out of free will without pressure, coercion or threat; Rs. 3,20,000/- Demand Draft No. 001197 Axis Bank; affidavits for protection of interest of minor child per Ganesh vs. Sudhirkumar Shrivastava (2020) 20 SCC 787; Police Station Jaitpur; W.P.(CRL) 38/2026; High Court of Delhi; Dr. Swarana Kanta Sharma; 07.01.2026.

What did the court decide?

Quashing of FIR No. 333/2025 registered at Police Station Jaitpur, Delhi (Sections 498A/406 IPC) and all consequential proceedings emanating therefrom; petition disposed of. ¶24

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

What the court decided

AI extract

Outcome

Quashing of FIR No. 333/2025 registered at Police Station Jaitpur, Delhi (Sections 498A/406 IPC) and all consequential proceedings emanating therefrom; petition disposed of.

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Issue for consideration

Whether FIR No. 333/2025 registered at Police Station Jaitpur, Delhi, under Sections 498A/406 IPC should be quashed in view of the amicable settlement reached between the parties.

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Court's answer

Since the parties have amicably resolved their differences of their own free will and without any coercion, no useful purpose will be served by continuing the proceedings; continuing them would create further acrimony, and quashing the FIR would be in the interest of justice, with no legal impediment to quashing.

¶19

Ratio / Principle

Respondent no. 2 categorically stated before the Court, having been identified by the IO, that she entered into the compromise out of her own free will and without any pressure, coercion or threat, and she raised no objection to the quashing of the FIR.

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Key takeaways

FIR No. 333/2025 registered at Police Station Jaitpur, Delhi, for offences punishable under Sections 498A/406 IPC, and all consequential proceedings emanating therefrom, are quashed.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Dr. Justice Swarana Kanta Sharma, Order dated 07.01.2026 in W.P.(CRL) 38/2026) quashed FIR No. 333/2025 of Police Station Jaitpur, Delhi, registered under Sections 498A/406 IPC on the complaint of respondent no. 2 against petitioner no. 1 (her husband) and others, because the parties had amicably settled their matrimonial disputes vide Settlement Agreement dated 26.06.2025 and had obtained a decree of divorce by mutual consent. Respondent no. 2, identified by the IO, categorically stated that she entered the compromise out of her own free will without pressure, coercion or threat, confirmed receipt of the balance Rs. 3,20,000/- by Demand Draft No. 001197 drawn on Axis Bank, and raised no objection to quashing. Affidavits safeguarding the interest of the minor child, as required per Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787, were noted as filed. Finding no useful purpose in continuing the proceedings and no legal impediment to quashing, the Court quashed the FIR and all consequential proceedings and disposed of the petition.

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 38/2026

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MOHIT GAUR & ORS. .....Petitioners

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Through: Mr. Durga Prasad Shukla and Mr. Rishi Kant Tiwari, Advocates along with petitioners-in-person.

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versus

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THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Anand V. Khatri, ASC for the State with Mr. Adietya Khatri, Advocate and with SI Kailash Chand Meena, P.S. Jaitpur. Mr. Nitesh Saini, Advocate for R-2 with Respondent no. 2-in-person.

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CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 07.01.2026

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By way of the present petition, the petitioners seek quashing of FIR bearing no. 333/2025, registered at Police Station Jaitpur, Delhi, for commission of offence punishable under Sections 498A/406 of the Indian Penal Code, 1860 (hereafter ‘IPC’ ).

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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 Investigating Officer (IO) from Police Station Jaitpur, Delhi.

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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 09/01/2026 at 11:50:17

¶16

Brief facts of the present case are that the marriage between petitioner no.1 and respondent no. 2 was solemnized on 12.05.2013 according to Hindu rites and ceremonies at Kanpur, Uttar Pradesh. One child was born out of their wedlock on 15.11.2015. Due to temperamental differences, parties started living separately since 25.05.2020. It is stated that on the complaint of respondent no. 2, the present FIR was registered. During pendency of the case, both the parties have amicably settled their disputes vide Settlement Agreement dated 26.06.2025 and have obtained decree of divorce, by way of mutual consent, from the concerned Court.

¶17

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. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between them vide Settlement Agreement dated 26.06.2025. Respondent no. 2 further states she has received the remaining amount of Rs. 3,20,000/- due to her, as per settlement agreement, by way of Demand Draft bearing No. 001197 drawn on Axis Bank, and she has no objection if the present FIR is quashed.

¶18

The learned counsel for the petitioners submits that the affidavits showing the protection of interest of minor child as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon’ble Supreme Court have been filed and the same are on record.

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In view of the above fact that the parties have amicably resolved their differences 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

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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 09/01/2026 at 11:50:17

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to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 333/2025, registered at Police Station Jaitpur, Delhi, for commission of offence punishable under Sections 498A/406 of IPC and all consequential proceedings emanating therefrom are quashed.

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In view of above, the present petition stands disposed of.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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JANUARY 07, 2026/zp td

¶28

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 09/01/2026 at 11:50:17

Mohit Gaur & Ors. v. the State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Mohit Gaur & Ors. v. the State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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