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2026 DAILYLAW 11766 (DEL)

ANIRUDH DAWAR v. STATE (NCT OF DELHI) & ANR.

CRL.M.C./340/2026 · 2026-07-07

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 340/2026 ANIRUDH DAWAR .....Petitioner Through: Mr. Prashant Mendiratta and Mr. Arjun Sharma, Advs. versus STATE (NCT OF DELHI) & ANR. .....Respondent Through: Mr. Narresh Kumar Chahar, APP CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.07.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 1276/2026 (Exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 340/2026 3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking quashing of FIR No. 689/2022 registered at Police Station Malviya Nagar for offences punishable under Sections 354/354A of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) and Sections 10/12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’), along with all consequential proceedings arising therefrom. 4. Learned counsel for the petitioner submits that the petitioner and respondent No. 2 were married to each other and disputes arose out of the matrimonial relationship. It is submitted that three FIRs came to be registered This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 16:10:19 between the parties, out of which two FIRs have already been quashed by this Court. The parties have amicably resolved all their disputes in terms of the Settlement Agreement dated 21.08.2024, a decree of divorce by mutual consent has already been passed by the learned Family Court on 17.03.2025, and respondent No. 2 does not wish to pursue the present proceedings. 5. Learned counsel appearing for respondent No. 2 submits that respondent No. 2 is present before this Court. The No Objection Affidavit of respondent No. 2 is already on record and she has no objection if the present FIR and all consequential proceedings emanating therefrom are quashed. 6. Learned APP for the State submits that the FIR also invokes Sections 10 and 12 of the POCSO Act. However, he fairly submits that the dispute emanates from matrimonial discord between the parties. 7. Learned counsel for the petitioner places reliance upon the decision of the Hon'ble Supreme Court in Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466, to contend that in cases arising out of matrimonial disputes, the High Court, in exercise of its inherent jurisdiction, is empowered to quash criminal proceedings where the parties have amicably settled their disputes and the continuance of the proceedings would amount to an abuse of the process of law or would not serve the ends of justice. It is submitted that the parties have resolved all their disputes pursuant to the Settlement Agreement dated 21.08.2024, their marriage already stands dissolved by a decree of divorce by mutual consent and respondent No.2 has unequivocally expressed her no objection to the quashing of the present FIR. 8. Learned counsel for the petitioner also relies upon the judgment of this Court in CRL.M.C. No. 2006/2019, titled Kulpreet @ Manni v. State & Anr.,, decided on 22.05.2019, wherein this Court, in the peculiar facts of a This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 16:10:19 matrimonial dispute involving offences under Sections 354/354A/354D/506/341/34 IPC as well as Sections 10/12 of the POCSO Act, quashed the FIR after noticing that the parties had amicably settled their disputes and continuation of the criminal proceedings would serve no useful purpose. The said view has subsequently been noticed and followed by this Court in similar cases. 9. This Court has considered the submissions advanced by the parties. Though the FIR includes offences under the POCSO Act, the allegations arise out of a matrimonial dispute between the petitioner and respondent No. 2. The parties have amicably settled all their disputes, their marriage already stands dissolved by a decree of divorce by mutual consent, and respondent No. 2 has categorically stated that she has entered into the settlement voluntarily and has no objection to the quashing of the present FIR. In the peculiar facts and circumstances of the case, and to secure the ends of justice as well as to prevent abuse of the process of law, this Court is of the opinion that no useful purpose would be served by permitting the criminal proceedings to continue. 10. Accordingly, FIR No. 689/2022 registered at Police Station Malviya Nagar under Sections 354/354A IPC and Sections 10/12 of the POCSO Act, along with all consequential proceedings arising therefrom, is hereby quashed. 11. The petition is allowed. Pending application(s), if any, stands disposed of. 12. The order be uploaded on the website forthwith. MADHU JAIN, J. JULY 7, 2026/P This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 16:10:19