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2026 DAILYLAW 15098 (DEL)

DEEPAK JAIN v. THE STATE OF NCT OF DELHI & ANR.

CRL.M.C./734/2026 · 2026-08-10

Manoj Jain

body2026

Judgment text

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CRL.M.C. 734/2026 1 $~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10th August, 2026 # CNR No. DLHC010027722026 + CRL.M.C. 734/2026 DEEPAK JAIN .....Petitioner Through: Mr. Rakesh Mishra, Ms. Dimple, Advocates with petitioner. versus THE STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Raj Kumar, APP with SI Harshvardhan. Mr. Nitin Garg, Mr. Pankaj Paliwal, Ms. Arti Rai, Mr. Rajeev Kuamr, Mr. Rinku Tomar, Advocates along with respondent No.2 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein seeks quashing of FIR No. 83/2017 dated 02.03.2017, registered at Police Station Krishna Nagar, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 23.01.2007, as per Hindu rites and customs. Two children were born from the abovesaid wedlock. 3. However, on account of temperamental differences, the parties started living separately from each other, albeit, in the same building and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR. 4. Charge-sheet has already been filed. Signed By:SONIA THAPLIYAL Signing Date:12.08.2026 18:12:59 Signature Not Verified CRL.M.C. 734/2026 2 5. However, when the matter was referred to mediation, the parties have been able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Karkardooma Courts, Delhi on 18.11.2025. The parties have been able to come to amicable settlement to the limited extent that they would continue to reside on separate floors and the husband would keep on making payment of maintenance @ Rs. 20,000/- per month so that his wife is in a position to meet monthly and ancillary expenditure. The husband has also agreed to bear the electricity bill for the entire house, including first floor. The terms and schedule of settlement of mediation order dated 18.11.2025 read as under:- “i. It is agreed between husband and wife that the husband shall continue to reside on the ground floor of House No. 46-1, Gali No. 15, East Azad Nagar, Delhi, and wife shall also continue to reside at first floor of the same house along with her children. ii. It is further agreed between the parties that the husband shall pay an amount of Rs. 20,000/- (Rupees Twenty Thousand only) to the wife towards monthly expenses including all expenses of children, their education, health etc. and such amount shall be deposited by the husband in her bank account on or before 10" day of each English calender month commencing from December, 2025. iii. It is also agreed between the parties that the husband shall pay the etectrcity bill for the entire house including first floor. iv. It is also agreed between the parties that there is arrear of maintenance from June 2025 to November 2025 of Rs. 20,000/- per month total amounting to Rs.1,20,000/- and in view of the same, it is agreed between the parties that husband shall clear the aforesaid arrear by 31.01.2026. v. It is also agreed between the parties that the parties shall not indulge in any unbecoming activity of beating/violence or creating nuisance and shall not cause any sort of harassment to each other and shall maintain congenial and harmonious atmosphere in the house. vi. It is agreed between the parties that the Deepak Jain, who is respondent in present FIR shall file quashing petition under section 528 BNSS (482 Cr.PC.) before the Hon'ble High Court on or before 15.12.2025 and wife shall cooperate in quashing of FIR against the Signed By:SONIA THAPLIYAL Signing Date:12.08.2026 18:12:59 Signature Not Verified CRL.M.C. 734/2026 3 respondent including filing of affidavit and appearance in the Hon’ble High Court for the said purpose. vii. It is further agreed between the parties that the claims have been settled in totality for quashing of entire FIR and proceedings emanating therefrom qua Deppak Jain arrested, not arrested, charge-sheeted, not charge-sheeted and the wife shall co-operate in quashing of FIR against all the aforesaid person.” 6. It is in the abovesaid backdrop that quashing is being sought. 7. Respondent no. 2 is present in person with her counsel and she has been duly identified by her counsel as well as by Investigating Officer. 8. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that she is interested in going ahead with the abovesaid settlement. She states that she has not taken any decision to formerly severe the relationship between them and at the moment, it is not possible for them to stay together either, under one roof. She reiterates that she is not desirous of continuing with the abovesaid FIR and that the settlement is 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. 9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioner. 10. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR. 11. Consequently, to secure the ends of justice, FIR No. 83/2017 dated Signed By:SONIA THAPLIYAL Signing Date:12.08.2026 18:12:59 CRL.M.C. 734/2026 4 02.03.2017, registered at Police Station Krishna Nagar, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. 12. 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 four weeks from today, so that these become part of Trial Court Record. 13. The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE AUGUST 10, 2026/sw/js Signed By:SONIA THAPLIYAL Signing Date:12.08.2026 18:12:59