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Vibhu Sharma & Ors. vs. State of NCT of Delhi & Anr.

Criminal Miscellaneous Case · 2026:DHC:8278Decided 24 Sept 2026New Delhi Bench
CRL.M.C. 68/2026CNR: DLHC011078422025
Justice Girish Kathpalia

Background

The petitioners sought quashing of an FIR alleging cruelty, criminal breach of trust, and rape within a marriage, on the ground that the parties had fully compromised. The rape charge (Section 376 IPC) had already resulted in a discharge order for the concerned petitioner back in 2021.

Decision Breakdown

The complainant appeared in person, was identified by the investigating officer, confirmed the marriage had already been dissolved by divorce, that no child was born of the marriage, and that she had received her full and final stridhan/maintenance settlement and no longer wished to pursue prosecution. Finding it in the interest of justice not to force the parties through a full trial, the Court quashed the FIR (under Sections 498A/406/34 IPC, the surviving charges) and all related proceedings.

Lesson Learnt

Courts will readily quash matrimonial cruelty/breach-of-trust FIRs on a genuine, court-verified compromise once the marriage is legally dissolved and the complainant confirms she no longer wishes to pursue the case.

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