Court quashed FIR for matrimonial offences under S. 528 BNSS after parties settled via Family Court, obtained mutual consent divorce, and respondent accepted the settlement amount including FDRs.
F.No. 452/2023 under Ss. 498A/406/34 IPC quashed with consequential proceedings disposed. Rs. 20,000 deemed cost deposit.
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SH AMIT KUMAR & ORS. .....Petitioners
Through: Mr. Linkon Goswami & Mr. Nitin Goswami, Advs.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel Mr. Mohit Anish, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
W.P.(CRL) 718/2026 1
Signature Not Verified
Signed By:SONIA THAPLIYAL Signing Da te:1 1.03.2026 17:31:36
their matrimonial disputes and have agreed to part ways in a graceful manner. 6. The settlement took place when the matter was referred to the Counselling Cell, Family Courts, Karkardooma, Shahdara, Delhi. A copy of such s ettlement dated 15.07.2025 has also been placed on record. 7. Pursuant to such settlement, parties have already obtained divorce by way of mutual consent on 17.01.2026. 8. Petitioners are present in Court. 9. Respondent No.2 is present in Court with her counsel. The Investigating Officer (I.O.) is also present and identifies her. 10. When asked, Respondent No.2 reiterated the terms of such settlement and submits that she has agreed to accept a sum of Rs.12,50,000/- as full and final settlement in lieu of alimony, istridhan , maintenance for self (past, present and future). The abovesaid total amount also constitutes FDRs worth Rs.7,00,000/- in the name of her daughter. She has received Rs. 9 lacs already which includes said FDRs. The balance amount of Rs. 3,50,000/has been paid today by way of Demand Draft dated 19.02.2026 drawn on State Bank of India and thus, she has received the entire settlement amount. She states that she would have no objection if FIR in question is quashed. 11. The original affidavits of the petitioners and also of the respondent No. 2 have been handed over to the I.O., today in Court. 12. 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 and matrimonial in nature. In any case, even the complainant does not wish to press any charges against the petitioners.
Signature Not Verified
W.P.(CRL) 718/2026 2
Signed By:SONIA THAPLIYAL Signing Da te:1 1.03.2026 17:31:36
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. 14. Consequently, to secure the ends of justice, FIR No.452/2023 dated 06.08.2023, registered at P.S. Harsh Vihar, for commission of offences under Sections 498A/406/34 IPC , along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total cost of Rs.20,000/- with Delhi High Court Staff Welfare Fund [Account no. 15530110074442: IFSC UCBA0001553] within four weeks from today. 15. The petition stands disposed of in aforesaid terms.
(MANOJ JAIN) JUDGE
MARCH 9, 2026/ jk/js
Signature Not Verified
W.P.(CRL) 718/2026 3
Signed By:SONIA THAPLIYAL Signing Da te:1 1.03.2026 17:31:36
2 issues framed by the court
Whether FIR under Sections 498A/406/34 IPC can be quashed upon settlement and divorce.
Whether criminal proceedings in matrimonial disputes continue to serve useful purpose post-settlement.
1 provisions across 1 enactments
SH AMIT KUMAR & ORS.
THE STATE NCT OF DELHI & ANR.
MANOJ JAIN
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
