Section 528 BNSS
Subject : Criminal Law - Quashing of FIR
Description :
In a move underscoring the legal system's preference for amicable resolutions in private matrimonial disputes, the Delhi High Court has quashed a criminal case registered under the Information Technology Act. The decision, delivered by Justice Manoj Jain, marks a definitive end to a years-long conflict between a former couple.
The case originated from a troubled marriage between the petitioner, Deepak Wasson, and his former spouse, which was solemnized in December 2016. Following significant discord, the relationship broke down, leading to a series of legal confrontations.
While an initial complaint under Sections 498A (cruelty) and 406 (criminal breach of trust) of the IPC had resulted in the petitioner being discharged, a secondary issue persisted. A separate FIR (No. 51/2022) had been registered at the Cyber Police Station, East Delhi, accusing the husband of hacking the complainant’s email, invoking Sections 43 and 66 of the Information Technology Act, 2000.
The turning point in the litigation arrived when both parties engaged with the Delhi Mediation Centre at Karkardooma Courts in October 2025. The parties successfully negotiated a settlement that covered all outstanding matrimonial issues, including their divorce, which was finalized by mutual consent in March 2026.
As part of the comprehensive settlement, the complainant agreed to accept ₹14,00,000 as a full and final resolution regarding istridhan , alimony, and future maintenance. With the remaining balance settled via a demand draft during the court proceedings, the complainant expressed her willingness to drop the criminal charges.
Addressing the matter on April 20, 2026, the Delhi High Court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court recognized that the dispute was primarily private and matrimonial in nature, lacking any broader public interest that would warrant the continuation of the criminal trial.
Justice Jain noted that despite the filing of a charge-sheet, the transition toward a peaceful resolution made the prolonged trial superfluous. By invoking the provisions of the newly introduced BNSS, the Court streamlined the conclusion of the litigation, emphasizing the importance of judicial efficiency when parties have already achieved closure.
The judgment highlights the judiciary's supportive stance on mediated resolutions in domestic disputes:
The High Court ordered the quashing of the FIR and all consequential proceedings, provided that the petitioner pays a cost of ₹20,000 to the Delhi High Court Legal Services Committee within four weeks. The proof of this deposit must be verified before the trial court.
This ruling serves as a reminder to legal professionals and the public that courts are increasingly willing to exercise their inherent powers to terminate criminal proceedings once matrimonial disputes are resolved, effectively clearing the path for parties to move forward without the shadow of pending litigation.
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matrimonial settlement - mutual consent - cyber crime - amicable resolution - legal proceedings - divorce
#QuashingOfFIR #MatrimonialLaw
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