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Mukesh Silswal & Anr. vs. State NCT of Delhi & Anr.

Criminal Miscellaneous Case · 2026:DHC:8865Decided 6 Oct 2026New Delhi Bench
CRL.M.C. 2474/2026CNR: DLHC010130752026
Justice Sachin Datta

Background

Petitioner no.1 (husband) and respondent no.2 (wife) married in 2017 and had one child in 2019; they separated in 2019 and an FIR was registered under Sections 498A/406/34 IPC alleging dowry-related cruelty. The parties later obtained a mutual-consent divorce (2025) and executed a mediated settlement before the Dwarka Mediation Centre for a total payment of Rs.4,25,000.

Decision Breakdown

Relying on Gian Singh v. State of Punjab, Jitendra Raghuvanshi v. Babita Raghuvanshi, and Narinder Singh v. State of Punjab, the Court held that since the dispute was essentially private, the marriage already dissolved, and the entire settlement amount paid (the final instalment handed over in court), continuing the prosecution would serve no purpose and would amount to abuse of process. The FIR and all consequential proceedings were quashed, with a clarification that the order would not affect the minor child's rights.

Lesson Learnt

Matrimonial offences like 498A IPC, though legally non-compoundable, can still be quashed by the High Court where the dispute is genuinely private and has been fully and voluntarily settled between the parties.

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