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Sumit Kumar & Ors. v. the State (Govt. of NCT Delhi) & Anr.

Delhi HC20 Mar 2026W.P.(CRL)/914/2026

Case brief

AI extract

What is this about?

W.P.(CRL) 914/2026, Delhi High Court (Manoj Jain, J.), decided 20.03.2026: quashing of FIR under Sections 498A/406/34 IPC via inherent powers under Section 528 BNSS on basis of mediation settlement (Saket Courts) and mutual-consent divorce; complainant paid Rs. 5,00,000/- plus Rs. 2,00,000/- (RTGS) towards alimony/istridhan/maintenance; charge-sheet had been filed; dispute held private, no public interest.

What did the court decide?

FIR No. 0027/2018 dated 15.01.2018 registered at Police Station Sunlight Colony for offences under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, quashed; original affidavits of petitioners and respondent No.2 to be submitted before the Trial Court within four weeks; pending application CRL.M.A. 8646/2026 likewise disposed of ¶34

Sumit Kumar & Ors. Vs the State (Govt. of NCT Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 0027/2018 dated 15.01.2018 registered at Police Station Sunlight Colony for offences under Sections 498A/406/34 IPC, along with all consequential proceedings, should be quashed on the basis of the compromise/settlement arrived at between the parties during mediation

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Court's answer

In view of the settlement arrived at between the parties, continuance of the criminal proceedings would serve no useful purpose, the dispute being primarily private in nature and involving no public interest, particularly since even the complainant does not wish to press charges against the petitioners

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Ratio / Principle

Exercising the inherent powers vested in the Court under Section 528 of the BNSS, FIR No. 0027/2018 dated 15.01.2018 (P.S. Sunlight Colony) under Sections 498A/406/34 IPC and all consequential proceedings emanating therefrom are quashed; original affidavits of the petitioners and respondent No.2 shall be placed before the Trial Court within four weeks

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Detailed headnote1 paragraphs

Quashing of matrimonial FIR on compromise - The Delhi High Court, exercising inherent power under Section 528 of the BNSS, quashed FIR No. 0027/2018 dated 15.01.2018 of Police Station Sunlight Colony under Sections 498A/406/34 IPC together with all consequential proceedings. Following a mediated settlement before the Mediation Centre, Saket Courts (Mediation Order dated 09.01.2025) and divorce by mutual consent on 09.10.2025, respondent No.2/complainant, appearing in Court and identified by the I.O., affirmed receipt of Rs. 5,00,000/- and the balance Rs. 2,00,000/- through RTGS in lieu of alimony, istridhan and maintenance (past, present and future), leaving her with no claim; she stated the settlement was voluntary and gave her no-objection affidavit. Holding the dispute to be purely private with no public interest involved, the Court found continuance of criminal proceedings futile and quashed the FIR, directing that the original affidavits be filed before the Trial Court within four weeks.

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$~89

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 20^th March, 2026

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- W.P.(CRL) 914/2026 & CRL.M.A. 8646/2026 SUMIT KUMAR & ORS. .....Petitioner

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Through: Ms. Mohini, Advocate along with all the petitioners

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versus

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THE STATE (GOVT. OF NCT DELHI) & ANR.

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.....Respondent

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Through: Mr. Sanjay Lao, SC (Crl.) with SI Vivek Tomar

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Mr. Praveen Malik and Ms. Radhika Sachdeva, Advocates for R-2 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. 0027/2018 dated 15.01.2018, registered at Police Station Sunlight Colony, for commission of offences under Sections 498A/406/34 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 03.12.2016, as per Hindu rites and ceremonies. There is no child born from such wedlock.

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However, on account of temperamental and irreconcilable differences, the parties started residing separately w.e.f. 03.06.2017 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

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Charge-sheet has been filed.

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Signature Not Verified

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W.P.(CRL) 914/2026

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Signed By:SONIA THAPLIYAL Signing Da te:2 3.03.2026 18:08:37

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However, when the parties were referred to mediation, they reached amicable resolution. Such settlement took place under the aegis of Mediation Centre, Saket Courts, New Delhi. Parties have agreed to part ways in a graceful manner as would be apparent from Mediation Order dated 09.01.2025.

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Pursuant to such settlement, parties have also obtained divorce by way of mutual consent on 09.10.2025.

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Petitioners are present in Court .

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Respondent No.2 is present in Court with her counsel. The Investigating Officer (I.O.) is also present and identifies her.

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When asked, Respondent No.2 reiterated the terms of such settlement and submits that, in terms of settlement, she had already received a sum of Rs. 5,00,000/- at the time of recording of her statement in relation to grant of divorce by mutual consent. She also submits that, the balance amount of Rs. 2,00,000/- has also been transferred to account of respondent No.2 through RTGS. She submits that she has accepted the abovesaid amount in lieu of alimony, istridhan , maintenance for self (past, present and future) and is left with no claim and would have no objection if FIR in question is quashed.

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Respondent No.2 submits that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘ no objection ’ if FIR in question is quashed. Her affidavit to abovesaid effect is also on record.

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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

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Signature Not Verified

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W.P.(CRL) 914/2026

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Signed By:SONIA THAPLIYAL Signing Da te:2 3.03.2026 18:08:37

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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. 13. Consequently, to secure the ends of justice, FIR No. 0027/2018 dated 15.01.2018, registered at Police Station Sunlight Colony, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed. Original affidavit of petitioners and respondent No.2 shall be submitted before the learned Trial Court within further four weeks so that these become part of Trial Court Record.

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