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Nishant Tyagi & Ors. vs. State of NCT of Delhi & Anr.

Writ Petition (Criminal) · 2026:DHC:7601Decided 7 Sept 2026New Delhi Bench
W.P.(CRL) 62/2026CNR: DLHC011081102025
Justice Girish Kathpalia

Background

An FIR had been registered against the petitioners for cruelty and criminal breach of trust relating to a marital dispute. The complainant (the estranged wife) and the petitioners settled their dispute, and she stated before the Joint Registrar that she had received the full settlement amount and did not wish to pursue the case. However, at subsequent hearings meant to reconfirm her decision, she stopped appearing in court despite being served notice through the police.

Decision Breakdown

The Court noted that the State had no objection to quashing, the marriage between the parties already stood dissolved by a decree of divorce, and no children were born of the marriage. Given the recorded settlement statement and the complainant's own confirmed receipt of the agreed amount, the Court found it would serve the interest of justice not to force the parties through a full trial merely because the complainant had later stopped appearing. The FIR and all related proceedings were quashed.

Lesson Learnt

Once parties in a matrimonial criminal dispute genuinely settle and the complainant formally confirms this before the court, continuing criminal proceedings serves no purpose: courts can quash such cases even if the complainant later becomes unresponsive, provided her earlier settlement is clearly on record.

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