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Amit & Anr. vs. State of NCT of Delhi & Anr.

Criminal Miscellaneous Case · 2026:DHC:8099Decided 21 Sept 2026New Delhi Bench
CRL.M.C. 6994/2026CNR: DLHC010447892026
Justice Ravinder Dudeja

Background

The petitioner-husband and his relative faced an FIR under Sections 498A/406/34 IPC filed by the wife (respondent no. 2) in 2018 following marital discord. After a chargesheet was filed, the couple reconciled, resumed living together (with a child born during that period), and executed a Memorandum of Understanding in 2026 settling all disputes.

Decision Breakdown

The wife, appearing via video conference, confirmed she was happily residing with the petitioner at her matrimonial home and had no objection to quashing. The Court held that continuing the criminal case would serve no purpose given the genuine reconciliation, and exercised its inherent powers under Section 528 BNSS to quash the FIR and all consequential proceedings.

Lesson Learnt

Matrimonial disputes that are genuinely resolved and where the couple has reconciled and resumed cohabitation are treated favourably by courts for quashing, even where offences like cheating/breach of trust are alleged.

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