CRL.M.C./7283/2026 of HITESH KUMAR GUPTA & ORS. Vs THE STATE (GOVT. OF NCT OF DELHI) AND ANR on 28 September 2026

O R D E R

% 28.09.2026

1. This hearing has been done through hybrid mode. CRL.M.As. 30478-79/2026

2. Allowed, subject to all just exceptions.

3. The applications are disposed of. CRL.M.C. 7283/2026

4. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the petitioners seek quashing of FIR No. 414/2022, registered at Police Station

Nangloi, Delhi, under Sections 498A, 406, and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties.

5. Issue Notice.

6. Learned APP for the State accepts notice on behalf of the respondent No. 1.

7. Learned counsel accepts notice on behalf of respondent No.2.

8. The petitioners and respondent No.2 are present before this Court and have been duly identified by the Investigating Officer (IO) concerned.

9. Briefly stated, the marriage between petitioner No.1 and respondent No.2 was solemnized on 18.07.2021 in accordance with Hindu rites and ceremonies. Out of the said wedlock, no child was born. Owing to matrimonial discord and temperamental differences, the parties started residing separately with effect from 29.07.2021. Thereafter, respondent No.2 lodged the present FIR against the petitioners. During the pendency of the proceedings, with the efforts of learned counsel for the parties, the parties amicably resolved all their disputes and executed a Memorandum of Settlement (MoU) dated 04.09.2025. Pursuant to the MoU, a decree of divorce by mutual consent was granted on 08.08.2026 by the learned Principal Judge, Family Court, West, Tis Hazari Courts, Delhi.

10. Learned counsel for the petitioners submits that, in terms of the MoU dated 04.09.2025, the parties agreed to settle all their disputes for a total sum of Rs. 5,00,000/- (Rupees Five Lakhs only). He submits that the balance amount of Rs. 2,00,000/- (Rupees Two Lakhs only) has been handed over to

Respondent No.2 today in Court by way of Demand Draft bearing No. 005169.

11. Learned counsel for the petitioner further submits that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement.

12. On a query made by this Court, respondent No.2, who has been duly identified by the IO, categorically states that she has entered into the MoU dated 04.09.2025 of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed.

13. In view of the fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved by a decree of divorce by mutual consent, the entire settlement amount has been paid, and respondent No.2 has no objection to the quashing of the FIR, no useful purpose would be served in continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case.

14. Accordingly, FIR No. 414/2022, registered at Police Station Nangloi, Delhi, for the offences punishable under Sections 498A, 406, and 34 of the IPC, and all consequential proceedings emanating therefrom, are hereby quashed.

15. The present petition stands disposed of.

16. Copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance.

17. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 28, 2026/prg/YT