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Gulshan Chauhan & Ors. vs. State NCT of Delhi and Anr.

Criminal Miscellaneous Case · 2026:DHC:8050Decided 17 Sept 2026New Delhi Bench
CRL.M.C. 6866/2026CNR: DLHC010440702026
Justice Manoj Jain

Background

A husband and his family faced an FIR for cruelty and breach of trust after their marriage of a few years broke down (no children were born of the marriage). Following mediation, the parties resolved all disputes and had already obtained a mutual consent divorce.

Decision Breakdown

The wife confirmed in person that she had settled for a substantial sum of Rs. 43,00,000 covering istridhan, alimony, and maintenance, of which she had already received the bulk (Rs. 30,00,000 earlier and the remaining Rs. 13,00,000 in two bank drafts on the day of the hearing), and that she had also withdrawn her separate domestic violence complaint. Satisfied the settlement was genuine, free, and complete, and that continuing the prosecution would serve no purpose in a private dispute, the Court quashed the FIR.

Lesson Learnt

Courts will look for concrete proof that a settlement amount has actually changed hands, not just a promise to pay, before quashing a matrimonial case; a large or generous settlement figure carries no weight unless it has genuinely been paid.

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