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Devender and Ors. vs. State of NCT of Delhi and Anr.

Writ Petition (Criminal) · 2026:DHC:7476Decided 1 Sept 2026New Delhi Bench
W.P.(CRL) 2049/2026CNR: DLHC010303122026
Justice Manoj Jain

Background

Petitioners sought quashing of FIR No.112/2024 (PS Swaroop Nagar) under Sections 498A/406/506/34 IPC, registered after the complainant-wife and petitioner no.1 (married in 2022, no children) began living separately due to differences. A charge-sheet had already been filed.

Decision Breakdown

The parties entered into a comprehensive Memorandum of Understanding and were already divorced by mutual consent. The wife confirmed in court that she had received the full settlement of Rs. 2,20,000 towards istridhan, alimony and maintenance, and had no objection to quashing. Finding continuation of criminal proceedings pointless in a private, settled dispute, the Court quashed the FIR under Section 528 BNSS, directing that the MoU and affidavits be placed on the trial court record.

Lesson Learnt

A properly documented compromise with full settlement payment, confirmed directly by the complainant in court, is generally sufficient for quashing a matrimonial FIR even after a charge-sheet has been filed.

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