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2026 DAILYLAW 16802 (DEL)

SHIVI AGGARWAL & ORS. v. THE STATE OF NCT OF DELHI & ANR.

CRL.M.C./4203/2026 · 2026-08-24

Manoj Jain

body2026

Judgment text

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CRL.M.C. 4203/2026 1 $~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th August, 2026 # CNR No. DLHC010240652026 + CRL.M.C. 4203/2026 SHIVI AGGARWAL & ORS. .....Petitioners Through: Mr. A.K. Tripathi with Mr. Prashant Tripathi, Advocates with petitioners in person versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI Awant, PS Janakpuri. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CRL.M.A. 25994/2026 (early hearing) 1. Respondent No.2 seeks early hearing of the present matter. The next date is 30.10.2026. 2. For the reasons assigned in the application and the fact that respondent No.2 is present in person in the Court, the date is preponed and the matter is taken up today itself. 3. The next date of 30.10.2026 stands cancelled. CRL.M.C. 4203/2026 1. Petitioners herein seek quashing of FIR No. 457/2024 dated 21.10.2024, registered at Police Station Janak Puri, for commission of offences under Sections 498A/406/34 IPC, along with all consequential Digitally Signed By:SONIA THAPLIYAL Signing Date:29.08.2026 12:07:40 Signature Not Verified CRL.M.C. 4203/2026 2 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 23.06.2023, as per Hindu rites and customs. No child is born from the abovesaid wedlock. 3. However, on account of temperamental differences, the parties started residing separately 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. 5. However, when the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Karkardooma Courts, Delhi on 12.03.2026. 6. It is in the abovesaid backdrop that quashing is being sought. 7. Respondent no. 2 is present in person with her father and she has been duly identified by the Investigating Officer. 8. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. The statement with respect to First Motion was recorded on 18.04.2026 and the statement with respect to Second Motion has been recorded on 20th instant. She submits that there is already a divorce between them by way of mutual consent. Sh. Tripathi, learned counsel for the petitioners submits that copy of divorce decree has been applied for and he also undertakes to place it on record, as and when received. 9. Respondent No.2 states that she has agreed to accept a total sum of Rs. 1,10,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs.90,00,000/- and the balance amount of Rs.20,00,000/- Digitally Signed By:SONIA THAPLIYAL Signing Date:29.08.2026 12:07:40 Signature Not Verified CRL.M.C. 4203/2026 3 has been received today in the shape of Demand Draft drawn on Axis Bank. 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. 10. 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 petitioners. 11. 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. 12. Consequently, to secure the ends of justice, FIR No. 457/2024 dated 21.10.2024, registered at Police Station Janak Puri, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 50,000/- with Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost alongwith original affidavits, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within further two weeks, so that these become part of Trial Court Record. 13. The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE AUGUST 24, 2026/st/sk By:SONIA THAPLIYAL Signing Date:29.08.2026 12:07:40