ISHWAR CHANDER GARG AND ORS v. STATE GOVT. OF NCT OF DELHI AND ANR
CRL.M.C./4867/2026 · 2026-08-07
Manoj Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14566 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14566 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL.M.C. 4867/2026 1
$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07th August, 2026 # CNR No. DLHC010300912026 + CRL.M.C. 4867/2026
ISHWAR CHANDER GARG AND ORS .....Petitioner
Through: Mr. Samyak Jain, Advocate
versus
STATE GOVT. OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Ritesh Kumar Bahri, APP for State/R-1 with SI Pinki Rani, PS Prashant Vihar
Mr. Varan Mittal, Mr. Taranjeet Singh and Mr. Rishu Garg, Advocates for R-2
R-2 in person (Through VC) CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CRL.M.A. 24049/2026 & CRL.M.C. 4867/2026
1. Petitioners seek early hearing. 2. Respondent has joined the proceedings through videoconferencing. 3. In view of the above, application is allowed and the case is taken up today. 4. Next fixed date i.e. 25.09.2026 stands cancelled. 5. Petitioners seek quashing of FIR No. 0649/2017, registered at Police Station Prashant Vihar for commission of offences under Sections 498A/406/34 IPC for the reason that after death of Mr. Prince Garg (husband Signed By:SONIA THAPLIYAL Signing Date:11.08.2026 12:10:22 Signature Not Verified
CRL.M.C. 4867/2026 2
of R-2), parties have been able to resolve the disputes and, therefore, respondent No. 2 is not interested in pursuing with the present FIR. 6. The marriage between complainant (respondent No.2 herein) and son of petitioner No. 1 took place on 17.11.2009. There were blessed with two sons. 7. However, on account of temperamental differences, respondent No. 2 started living separately and when a complaint was lodged by respondent No.2 with Crime Against Women Cell, Sector-3, Rohini, Delhi, it resulted into registration of the abovesaid FIR. 8. Charge-sheet has already been filed and charges have also been framed. 9. However, during the pendency of the aforesaid case, Mr. Prince Garg, unfortunately, died on 05.04.2026. Death was duly got verified and on the basis of such verification, proceedings qua him have already been abated. 10. After the death of Mr. Prince Garg, respondent No. 2 has expressed her inclination not to pursue with the aforesaid matter and both sides have entered into Settlement Agreement which is attested on 08.07.2026. 11. Respondent No. 2 has appeared through videoconferencing and has been duly identified by her counsel and investigating officer. 12. When asked, respondent No. 2 reiterates the terms of abovesaid settlement.
She also submits that with the efforts of respectable persons of the society and relatives of both the sides, matter has, now, been settled and she does not want to pursue with the FIR. She states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed. Signed By:SONIA THAPLIYAL Signing Date:11.08.2026 12:10:22
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13. As per settlement, the custody of both her children would remain with her, with no visitation rights to the petitioners. 14. She has also given up all her claims with respect to istridhan articles, jewellery, litigation expenses, maintenance for self and her children (past, present and future). 15. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose as even the complainant does not wish to press any charges against the petitioners. 16. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. 17. Consequently, to secure the ends of justice, FIR No. 0649/2017, registered at Police Station Prashant Vihar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed. 18. Original Settlement Agreement and original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within further period of two weeks, so that these become part of Trial Court Record. 19. The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE AUGUST 7, 2026/dr/sk Signed By:SONIA THAPLIYAL Signing Date:11.08.2026 12:10:22