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Deepak Kumar & Ors. vs. Govt. of NCT of Delhi & Anr.

Criminal Miscellaneous Case · 2026:DHC:7475Decided 1 Sept 2026New Delhi Bench
CRL.M.C. 6396/2026CNR: DLHC010407792026
Justice Manoj Jain

Background

Petitioners sought quashing of a 2024 FIR under Sections 498A/406/34 IPC registered at PS Dwarka North. The couple, married in 2018 with one daughter, had separated over temperamental differences, and a charge-sheet had already been filed.

Decision Breakdown

The parties resolved their dispute through the Counselling Cell of the Family Courts, Dwarka, and had already obtained a mutual-consent divorce. The wife confirmed receiving the full settlement of Rs. 5,10,000 towards istridhan, alimony and maintenance, with custody of the child remaining with her and visitation rights to the father. Finding the private dispute had no public interest dimension, the Court quashed the FIR under Section 528 BNSS.

Lesson Learnt

Where a matrimonial dispute is resolved with clear terms on both financial settlement and child custody/visitation, courts will quash the criminal case to let both parties move forward.

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