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2026 Supreme(Online)(Del) 934
IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
Pappu – Appellant
Versus
State Nct Of Delhi – Respondent
CRL.M.C. 148/2026 | CRL.M.A. 507/2026
For the Appellants/Petitioners: Rahul Sharma
For the Respondents: Digam Singh Dagar, Meenakshi, Manisha
Criminal proceedings, particularly those arising from matrimonial disputes, may be quashed by the High Court under its inherent powers when the parties have reached an amicable settlement, provided there is no coercion and the settlement is in the interest of justice.
Headnote:The present case involves a petition seeking the quashing of an FIR registered under S. 498A, S. 406, and S. 34 of the IPC, 1860, following an amicable settlement between the parties. The court recorded the presence of the parties and verification of the settlement, noting that the respondent no. 2 entered into the compromise voluntarily and received the settled amount. The court determined that continuing the proceedings would be unnecessary and contrary to the interest of justice. The main issue was whether the criminal proceedings could be quashed based on a private settlement. The court reasoned that since the dispute was matrimonial and resolved through a memorandum of understanding, and the parties expressed no further grievances, the court's power to quash the FIR should be exercised to prevent further acrimony and ensure the welfare of the involved parties, citing judicial precedent regarding the protection of minor children's rights. The FIR and all consequential proceedings are quashed, subject to the preservation of the minor children's rights.
| Table of Content |
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| 1. court records the presence of parties and registers the request for quashing based on settlement. (Para 1 , 2 , 3) |
| 2. verification of voluntary settlement in a matrimonial dispute. (Para 4 , 5) |
| 3. exercisinginherent powers to quash fir to prevent acrimony, contingent on child welfare. (Para 6 , 7) |
1. By way of the present petition, the petitioners seek quashing of the FIR bearing No. 1198/2018, registered at Police Station Mngolpuri, Delhi, for the commission of offences punishable under Sections 498A /406/34 of the Indian Penal Code, 1860 (hereafter ‘IPC') and all consequential proceedings emanating therefrom, on the basis of settlement arrived at between the parties.
2. Issue notice. The learned APP accepts notice on behalf of the State.
3. All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Mangolpuri, Delhi.
4. Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 16.05.2005, in accordance with Hindu rites and ceremonies. It is stated that two children were born out of the said wedlock and both the children are in the custody of respondent no. 2/mother. It is stated that due to 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 with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 29.03.2022.
5. 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 that she has already received the amount of Rs. 1,60,000/-. Therefore, she has no objection if the present FIR is quashed.
6. 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.
7. Accordingly, FIR bearing No. 1198/2018, registered at Police Station Mngolpuri, Delhi, for the commission of offences punishable under Sections 498A /406/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to the fact that future rights of the minor children will not get affected as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava : (2020) 20 SCC 787 passed by the Hon’ble Supreme Court.
8. Accordingly, the present petition along with pending application stands disposed of.
9. The order be uploaded on the website forthwith.
