Delhi High Court
CRL.M.C./6161/2026 of GAURAV SHARMA AND ORS. Vs STATE (NCT OF DELHI) AND ANR. on 9 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010391572026 + CRL.M.C. 6161/2026 GAURAV SHARMA AND ORS. .....Petitioners Through: Mr. Arpit Rai and Mr. Rohit Advs. Petitioners in person. versus STATE (NCT OF DELHI) AND ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP Ms. Itisha Jain, Adv.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010391572026
+
CRL.M.C. 6161/2026
GAURAV SHARMA AND ORS.
.....Petitioners
Through:
Mr. Arpit Rai and Mr. Rohit Advs.
Petitioners in person.
versus
STATE (NCT OF DELHI) AND ANR.
.....Respondents
Through:
Mr. Digam Singh Dagar, APP
Ms. Itisha Jain, Adv.
Respondent in person (through VC)
SI Braj Prakash, P.S. Malviya Nagar
and ASI Jitender, P.S. Hauz Khas
SI Himanshi, P.S. Uttam Nagar
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 09.09.2026
1. This hearing has been conducted through hybrid mode. CRL.M.C. 6161/2026
2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking quashing of FIR No. 0187/2024 dated 09.03.2024, registered at Police Station Malviya Nagar, South District, Delhi under Sections 498A, 406 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and all consequential proceedings emanating therefrom, in view of the amicable settlement arrived at between the parties.
3. The Petitioners are present before this Court and respondent no. 2
through video conferencing (VC) and all have been duly identified by the concerned Investigating Officer (IO).
4. Issue Notice. Learned APP for the State accepts notice on behalf of the State.
5. Briefly stated, petitioner No. 1 and respondent No. 2 were married on 13.09.2015 and started residing separately from 02.07.2020 on account of matrimonial differences. During the subsistence of the matrimonial dispute, respondent No. 2 lodged the aforesaid FIR on 09.03.2024 against petitioner No. 1, his mother, sister and maternal uncle.
6. During the pendency of the matrimonial proceedings, the parties amicably resolved their disputes and entered into a settlement dated 02.02.2026 before the learned Mahila Court, Saket Courts, whereby petitioner No. 1 agreed to pay a total sum of ₹22,50,000/- towards full and final settlement of the claims of respondent No. 2. Pursuant thereto, the first motion for divorce by mutual consent was allowed on 12.03.2026 and, after waiver of the statutory period, the marriage between petitioner No. 1 and respondent No. 2 was dissolved by a decree of divorce by mutual consent dated 17.04.2026. Respondent No. 2 has agreed to cooperate in the quashing proceedings and has stated that she has no objection to the quashing of the FIR and the consequential proceedings.
7. Learned counsel for the Petitioners submits that, in terms of the settlement arrived at between the parties, the entire settled amount of Rs.22,50,000/- (Rupees Twenty-two Lakhs Fifty thousand only) has been paid to Respondent No. 2. He submits that the balance amount of Rs.8,50,000/- (Rupees Eight Lakhs Fifty thousand only) has been handed over to Respondent No. 2 today in Court by way of Demand Draft bearing No.
503800. It is further submitted 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.
8. On a query made by this Court, Respondent No. 2, who has been duly identified by the IO, categorically states that she entered into the Settlement Agreement dated 02.02.2026 of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount of Rs.22,50,000/- (Rupees Twenty-Two Lakhs Fifty Thousand only) 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.
9. In view of the fact that the parties have amicably resolved all their disputes in terms of the Settlement Agreement dated 02.02.2026, the marriage between Petitioner No. 1 and Respondent No. 2 already stands dissolved by a decree of divorce by mutual consent dated 17.04.2026, 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
10. Therefore, FIR No. 0187/2024, registered at Police Station Malviya Nagar, South District, Delhi, for the offences punishable under Sections 498A, 406 and 34 of IPC, and all consequential proceedings emanating therefrom, are hereby quashed.
11. Accordingly, the present petition is disposed of.
12. Pending application(s), if any, also stand(s) disposed of.
13. A copy of this order be sent to the concerned learned Trial Court for necessary information and compliance.
14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 9, 2026/prg/PG