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Criminal LawDelhi High Court

Prashant Kumar & Ors. vs. State of NCT of Delhi & Anr.

Criminal Miscellaneous Case · CNR No. DLHC010143302026Decided 1 Oct 2026New Delhi Bench
CRL.M.C. 2651/2026CNR: DLHC010143302026
Justice Sachin Datta

Background

FIR No. 0359/2024 of P.S. Harsh Vihar, Delhi, was registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, after a marriage in December 2021 and the parties' separation in 2023. The parties settled through mediation at the Delhi Mediation Centre, Karkardooma Courts, on 26.12.2025, with the husband agreeing to pay Rs 11,10,000. A divorce by mutual consent was granted on 13.02.2026, and the complainant confirmed she had received Rs 7 lakh with a demand draft for the balance Rs 4.1 lakh handed over in court.

Decision Breakdown

The High Court quashed the FIR and the chargesheet against all the petitioners. The Court acknowledged that the offences under Section 498A IPC and the Dowry Prohibition Act are non-compoundable, but held that it may quash such proceedings under its inherent power preserved by Section 528 BNSS where the parties have genuinely settled, the marriage has ended, and continuing the case would only be protracted and pointless. The Court relied on Supreme Court decisions in B.S. Joshi, Gian Singh and Narinder Singh, and recorded that the complainant had acted voluntarily and had no objection.

Lesson Learnt

Even though some matrimonial offences cannot be formally compromised, a High Court can close the criminal case after a genuine settlement, divorce and payment. Settlement must be voluntary, and the complainant's consent is central to the decision.

Prashant Kumar & Ors. vs. State of NCT of Delhi & Anr. – Legal Case Shots | LegalAware