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Subhash Chand Alias Subhash Chander and Ors. v. State NCT of Delhi and Anr.

Delhi HC3 Feb 2026CRL.M.C./881/2026

Case brief

AI extract

What is this about?

Delhi High Court; Justice Manoj Jain; CRL.M.C. 881/2026; decision 03.02.2026; quashing of FIR on compromise/settlement; inherent powers under Section 528 BNSS; FIR No. 54/2024 dated 31.01.2024 PS Dwarka North; Sections 498A/406/377/34 IPC; matrimonial dispute settled; Counseling Cell Family Court Dwarka; Memorandum of Settlement 01.02.2025; divorce by mutual consent 18.12.2025; alimony istridhan maintenance Rs. 10 lakhs; demand draft HDFC Bank; chargesheet filed charges not framed; complainant not interested in pursuing FIR; petition disposed.

What did the court decide?

FIR No. 54/2024 dated 31.01.2024 (P.S. Dwarka North, Sections 498A/406/377/34 IPC) and all consequential proceedings emanating therefrom quashed; the petition and the pending application (CRL.M.A. 3521/2026) stand disposed of accordingly. ¶33

Subhash Chand Alias Subhash Chander and Ors. Vs State NCT of… — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 54/2024 dated 31.01.2024, registered at P.S. Dwarka North under Sections 498A/406/377/34 IPC, along with all consequential proceedings arising therefrom, ought to be quashed on the basis of the compromise/settlement arrived at between the parties.

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Court's answer

In view of the settlement arrived at between the parties, continuing with the criminal proceedings would serve no useful purpose, especially as the dispute does not involve any public interest and is primarily private in nature.

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Ratio / Principle

Even the complainant herself does not wish to press any charges against the petitioners.

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Key takeaways

Exercising the inherent powers vested in the Court under Section 528 of the BNSS, it was deemed appropriate to quash the instant FIR.ratio¶33
To secure the ends of justice, FIR No. 54/2024 dated 31.01.2024, registered at P.S. Dwarka North under Sections 498A/406/377/34 IPC, along with all consequential proceedings emanating therefrom, is hereby quashed.ratio¶33

Detailed headnote1 paragraphs

Quashing of FIR on settlement – matrimonial dispute: The High Court of Delhi (Manoj Jain, J.), exercising inherent powers under Section 528 of the BNSS, quashed FIR No. 54/2024 dated 31.01.2024, registered at P.S. Dwarka North under Sections 498A/406/377/34 IPC, together with all consequential proceedings emanating therefrom. The parties had settled their matrimonial disputes through the Counseling Cell, Family Court, Dwarka Court Complex (Memorandum of Settlement dated 01.02.2025) after referral to mediation by the learned Magisterial Court; they had obtained divorce by mutual consent on 18.12.2025 and withdrawn all other matters. Petitioner No.1 agreed to return jewellery and pay Rs. 10 lakhs in full and final settlement in lieu of alimony, istridhan and maintenance (past, present and future); Rs. 6 lakhs had been received earlier and the balance Rs. 4 lakhs was paid on the day of the hearing by demand draft, besides Rs. 15,000/- received online in lieu of unreturned clothes. The Court found the dispute primarily private in nature involving no public interest, and noted that the complainant herself did not wish to press any charges; continuing the proceedings would serve no useful purpose.

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 03^rd February, 2026

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- CRL.M.C. 881/2026&CRL.M.A. 3521/2026

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SUBHASH CHAND ALIAS SUBHASH CHANDER AND ORS

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.....Petitioner Through: Ms. Sonia Saini with Mr. Sushil Lohia, Advocates along with petitioners in person.

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versus

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STATE NCT OF DELHI AND ANR

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.....Respondent Through: Mr. Sunil Kumar Gautam, APP with Ms. Faayza Anam Ali, Advocate for R-2 along with respondent in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

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Petitioners herein seek quashing of FIR No. 54/2024 dated 31.01.2024, registered at P.S. Dwarka North, under Sections 498A/406/377/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

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The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 21.11.2021, as per Hindu rites and ceremonies. However, due to certain temperamental differences, the parties could not live together and started living separately w.e.f. February, 2023.

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On account of such matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of the abovesaid FIR which was, inter alia , for commission of offence under Section 377 IPC also.

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Signature Not Verified

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CRL.M.C. 881/2026

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Signed By:SONIA THAPLIYAL Signing Da te:0 5.02.2026 14:38:20

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Though, chargesheet has already been filed, charges are yet to be ascertained.

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When the abovesaid criminal case was taken up by learned Magisterial Court, the matter was referred to mediation and, fortunately, the parties have arrived at amicable settlement. The settlement has taken place under the aegis of Counseling Cell, Family Court, Dwarka Court Complex, Delhi on 01.02.2025.

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Both the parties have agreed to part ways in a graceful manner.

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Broad terms of settlement are contained in Memorandum of Settlement dated 01.02.2025 and it is also submitted that all other matters between the parties have already been withdrawn and parties have already obtained divorce by way of mutual consent on 18.12.2025.

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As per the terms of settlement, petitioner No.1 has agreed to return jewellery articles of respondent No.2 and would pay Rs.10 lacs towards full and final settlement to her, in lieu of alimony, istridhan , maintenance for self (past, present and future).

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Respondent No.2 submits that a sum of Rs. 6 lacs has already been received and the balance amount of Rs. 4 lacs has been received today by way of demand draft bearing no. 003833 dated 31.12.2025 drawn on HDFC Bank. 10. She submits that though some clothes of her had not been returned by the petitioner but in lieu thereof, she has received a sum of Rs. 15,000/- today through online mode.

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Parties are present in Court and the Court has interacted with them.

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Upon query, respondent No.2 has reiterated the terms and conditions of the settlement and submits that in view of such settlement, she is no longer interested in pursuing with instant FIR.

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Signature Not Verified

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CRL.M.C. 881/2026

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Signed By:SONIA THAPLIYAL Signing Da te:0 5.02.2026 14:38:20

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The Investigating Officer (I.O.) and learned counsel for respondent is present and duly identifies her.

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

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Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. 16. Consequently, to secure the ends of justice, FIR No. 54/2024 dated 31.01.2024, registered at P.S. Dwarka North, under Sections 498A/406/377/34 IPC along with all consequential proceedings emanating therefrom, is hereby, quashed. 17. The petition stands disposed of in aforesaid terms. 18. Pending application also stands disposed of.

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(MANOJ JAIN) JUDGE

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FEBRUARY 3, 2026 /sw/js

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Signature Not Verified

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CRL.M.C. 881/2026

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Signed By:SONIA THAPLIYAL Signing Da te:0 5.02.2026 14:38:20