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2026 Supreme(Online)(Del) 10444

IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
Rajesh – Appellant
Versus
State NCT Of Delhi – Respondent
CRL.M.C. 2330/2026 | CRL.M.A. 9481/2026



Advocates:
For the Appellants/Petitioners: Nikul Gupta
For the Respondents: Digam Singh Dagar, Randhir Singh

Criminal proceedings in matrimonial disputes, including those under Section 498A IPC, can be quashed by the High Court under its inherent powers if parties have reached an amicable settlement and no public interest is compromised by ending the prosecution.

Headnote:The petitioner sought the quashing of an FIR registered under S. 498A, 406, and 34 of the Indian Penal Code, 1860, following a matrimonial dispute. The parties reached an amicable settlement, and the settlement deed was placed on record. The Court took note of the voluntary nature of the compromise and the protection of the interests of the minor child involved in the proceedings. The core issue was whether criminal proceedings arising from a matrimonial dispute could be quashed based on an amicable settlement between the parties. The court reasoned that in view of the voluntary resolution of disputes and the absence of any coercion, continuing the litigation would result in further acrimony rather than serving the ends of justice. Relying on established legal standards, the court concluded that no useful purpose would be served by proceeding with the criminal case. The FIR bearing no. 547/2021, dated 20.12.2021, and all consequential proceedings emanating therefrom are hereby quashed.

Table of Content
1. procedural disposal of interlocutory applications. (Para 1 , 2)
2. basis of settlement for matrimonial criminal disputes. (Para 3 , 4 , 5 , 6 , 7)
3. inherent power to quash proceedings upon voluntary settlement. (Para 8 , 9 , 10 , 11 , 12 , 13)

O R D E R

CRL.M.A. 9481/2026 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 2330/2026

3. By way of the present writ petition, the petitioner seeks quashing of FIR bearing no. 547/2021, dated 20.12.2021, registered at Police Station Dwarka Sector-23, Delhi, for the commission of offence punishable under Sections 498A /406/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) and the proceedings emanating therefrom.

4. The petitioner and respondent no. 2 are present before this Court and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Dwarka Sector-23, Delhi.

5. Brief facts of the present case are that the marriage between the petitioner and respondent no. 2 was solemnized on 10.07.2019, as per Hindu rites and customs at Delhi. It is stated that one female child was born out of the said wedlock on 22.02.2021, who is presently in the custody of respondent no. 2. Due to temperamental differences, parties have been residing separately since 10.04.2021. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioner.

6. During pendency of the case, both the parties had amicably settled their disputes before the Counselling Cell, Family Courts, Delhi vide Settlement Deed dated 15.04.2024. The complainant is present in person alongwith her counsel and states that she has received the balance compromise amount of Rs. 7,00,000/-, by way of Demand Draft bearing No. 505644, dated 15.04.2026, drawn on ICICI Bank.

7. This Court notes that the custody of minor children is with respondent no. 2 and the future rights of the child will not be affected by virtue of this compromise.

8. 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. Respondent no. 2 further states she has no objection if the present FIR is quashed.

9. The learned counsel for the petitioner 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.

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

11. Accordingly, FIR bearing no. 547/2021, dated 20.12.2021, registered at Police Station Dwarka Sector-23, Delhi, for the commission of offence punishable under Sections 498A /406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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

13. The order be uploaded on the website forthwith.

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