YOGENDER & ORS. v. THE STATE (GOVT. OF NCT DELHI) & ANR.
CRL.M.C./5664/2026 · 2026-08-06
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15184 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15184 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010356882026 + CRL.M.C. 5664/2026 YOGENDER & ORS. .....Petitioners Through: Mr. Vikas Malik & Mr. Himanshu Sharma, Advs. versus THE STATE (GOVT. OF NCT DELHI) & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.08.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 23694/2026 (Exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CRL.M.C. 5664/2026
3. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') read with Article 226 of the Constitution of India, the petitioners seek quashing of FIR No. 288/2025, registered at Police Station Uttam Nagar, District Dwarka, Delhi, for the offences punishable under Sections 498A, 406 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), along with all consequential proceedings emanating therefrom, on the basis of an amicable settlement arrived at between the parties.
4. Issue notice. 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 11/08/2026 at 11:24:57
5. Learned APP for the State accepts notice on behalf of the State.
6. The petitioners and Respondent No.2 are present before this Court and have been duly identified by the Investigating Officer as well as their respective learned counsel.
7. Briefly stated, the marriage between Petitioner No.2 and Respondent No.2 was solemnized on 11.12.2021 in accordance with Hindu rites and ceremonies. Out of the said wedlock, one male child, namely Master Naman Sharma, was born in November, 2022. Owing to matrimonial discord and irreconcilable temperamental differences, the parties started residing separately from October, 2024. Consequently, Respondent No.2 lodged the present FIR. During the pendency of the proceedings, with the intervention of family members and well-wishers, the parties amicably resolved all their disputes and executed a Memorandum of Understanding/Settlement Deed dated 10.10.2025. The marriage between the parties has also been dissolved by a decree of divorce by mutual consent.
8.
Learned counsel for the petitioners submits that, in terms of the Settlement Deed dated 10.10.2025, the parties agreed to settle all their disputes for a total sum of Rs.28,50,000/- towards full and final settlement of all claims, including permanent alimony and maintenance. It is submitted that a sum of Rs.20,00,000/- has already been paid at the stage of the first and second motions of the divorce proceedings. Today, the balance amount of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) has been handed over to Respondent No.2 by way of Demand Draft No. 082075 in Court. It is submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains payable by either party. 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 11/08/2026 at 11:24:57
9. On a query put by this Court, Respondent No.2, who has been duly identified by the Investigating Officer, states that she has entered into the settlement voluntarily, out of her own free will and without any force, coercion or undue influence. She further states that she has received the entire settled amount, has no surviving claim of any nature against the petitioners, and has no objection if the present FIR and all consequential proceedings emanating therefrom are quashed. 10. Learned APP for the State submits that the offences alleged arise out of a matrimonial dispute. In view of the settlement arrived at between the parties and the statement made by Respondent No.2 before this Court, the State leaves the matter to the discretion of this Court. 11. This Court has considered the submissions advanced by the learned counsel for the parties. The disputes between the parties are purely matrimonial in nature. The marriage has already been dissolved by mutual consent, the settlement has been fully acted upon, the entire settlement amount has been paid, and Respondent No.2 has categorically stated that she has no objection to the quashing of the FIR. In these circumstances, continuation of the criminal proceedings would serve no useful purpose and would only result in unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts of the present case. 12.
Accordingly, FIR No. 288/2025, registered at Police Station Uttam Nagar, District Dwarka, Delhi, for the offences punishable under Sections 498A, 406 and 34 of the IPC, along with all consequential proceedings emanating therefrom, is hereby quashed. 13. The present petition, along with pending application(s), if any, stands
disposed of. 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 11/08/2026 at 11:24:57
14. A copy of this order be communicated to the concerned Trial Court for information and necessary compliance.
15. The order be uploaded on the website forthwith.
MADHU JAIN, J AUGUST 6, 2026/prg/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 11/08/2026 at 11:24:57