Mukesh Kumar & Ors v. The State & Anr

J U D G M E N T (oral)

CRL.M.A. 26300/2026 (exemption)

Exemption allowed subject to all just exceptions.

¶1Petitioners herein seek quashing of FIR No.573/2021 dated

10.10.2021, registered at Police Station Adarsh Nagar, Delhi, for commission of offences Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

¶2The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 21.05.2019, as per Hindu rites and

customs. No child is born from the abovesaid wedlock.

¶3However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

¶4Charge-sheet has already been filed albeit charges are yet to be framed.

¶5However, when the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Mediation Centre, Rohini District Courts, Delhi on 06.08.2025 and have been able to resolve all their disputes and have decided to part ways gracefully. As per the terms of settlement, the parties have already obtained divorce by mutual consent. Such decree is dated 27.02.2026. As per the settlement, the petitioner has agreed to make payment of Rs.3,50,000/- as full and final settlement.

¶6Copy of such settlement is placed on record.

¶7It is in the abovesaid backdrop that quashing is being sought.

¶8Petitioners are present in Court. Sh. Doodh Nath, who was also one of the accused in the abovesaid case, has, reportedly, expired on 07.09.2024 and copy of his death certificate is already on record.

¶9Respondent no. 2 is present in person and she has been duly identified by her counsel as also by Investigating Officer.

¶10When asked, respondent No. 2 reiterates the terms of abovesaid settlement, as recorded in Mediation Agreement dated 06.08.2025. She submits that there is already a divorce between them by way of mutual consent on 27.02.2026. She states that she has agreed to accept a total sum of Rs.3,50,000/-towards full and final settlement in lieu of istridhan, alimony, maintenance (past, present and future).Out of the abovesaid total settlement amount of Rs.3,50,000/-, she has already received Rs.2,50,000. The balance

amount of Rs.1,00,000/- has been received by her today, in the shape of Demand Draft drawn on Union Bank. She states 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.

¶11In 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.

¶12Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

¶13Consequently, to secure the ends of justice, FIR No.573/2021 dated

10.10.2021, registered at Police Station Adarsh Nagar, Delhi, for commission of offences Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

¶14Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

¶15The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE AUGUST 25, 2026/st/js

* IN THEHIGH COURTOF DELHIAT NEW DELHI Date of Decision: 25thAugust, 2026 # CNR No. DLHC010400762026 + MUKESH KUMAR & ORS. .....Petitioners Through: Mr. Khushi Sagar with Mr. Lakesh Kumar and Mr. Kapil Kumar Nayyar, Advocates with petitioner in person. versus THE STATE & ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI Dipika, PS Adarsh Nagar. Mr. Sonu Pandit with Mr. Lavish Rajput, Advocates for respondent No.2 with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN