$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th September, 2026 # CNR No. DLHC010336882026 + CRL.M.C. 5336/2026 & CRL.M.A. 22381/2026 RITIN BEHL & ORS. .....Petitioners Through: Mr. Prashant Manchanda with Mr. Angad S., Mr. Rohan Pratap S., Mr. Varun and Mr. Mehakpreet Singh, Advocates with petitioner no. 1 in person. (M): 9971879203 versus STATE OF NCT DELHI & ANR. .....Respondent Through: Mr. Hitesh Vali, APP for the State. (M): 9971695125 Email: valihitesh@gmail.com Mr. Vaibhav Sharma, Advocate for respondent no. 2 with respondent no. 2 through VC. SI Dhananjay Gupta, PS Kirti Nagar. CORAM: HON’BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral): 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)/Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), seeking quashing of the First Information Report (“FIR”) being FIR 96/2023, dated 22nd April, 2023, registered at Police Station (“PS”) Kirti Nagar, West, Delhi, under Sections Digitally Signed By:HARIOM SHARMA Signing Date:04.10.2026 12:38:13 Signature Not Verified 498A/406/34 of the Indian Penal Code, 1860 (“IPC”), and all consequential proceedings emanating therefrom, on the ground of settlement between the parties. 2. Issue notice. 3. Notice is accepted by Learned Additional Public Prosecutor (“APP”) for the State. 4. The petition is taken up for disposal with the consent of the parties. 5. As per the facts on record, the marriage between petitioner no. 1 and respondent no. 2 was solemnised on 18th January, 2020. However, the marriage was never consummated, and therefore, no child has been born out of the said wedlock. 6. The FIR in question came to be registered on 22nd April, 2023, pursuant to a written complaint dated 03rd October, 2022, made by respondent no. 2 to the Crime Against Woman (“CAW”) Cell, Kirti Nagar, Delhi. Subsequently, a Final Report/Chargesheet dated 25th January, 2024 was filed by the Police against the petitioners under Sections 498A/406/34 of the IPC. 7. During the pendency of proceedings, the parties amicably resolved their disputes vide a Memorandum of Understanding (“MoU”) dated 23rd December, 2025. Petitioner no. 1 and respondent no. 2 agreed to obtain a decree of divorce by mutual consent, and cooperate in quashing of the FIR in question. 8. By way of the said MoU, the parties agreed to a full and final settlement of Rs 22 Lacs, which was to be paid by petitioner no. 1 to respondent no. 2. 9. Vide the MoU dated 23rd December, 2025, the parties have agreed to Digitally Signed By:HARIOM SHARMA Signing Date:04.10.2026 12:38:13 Signature Not Verified cooperate with each other in quashing of the FIR in question. 10. The parties, i.e., petitioners as well as respondent no. 2, are identified by their respective counsels as well as the Investigating Officer (“IO”), who is present in Court. 11. This Court is informed that the divorce between petitioner no. 1 and respondent no. 2 has already taken place on 22nd May, 2026. Further, this Court is also informed that as per the MoU dated 23rd December, 2025 executed between the parties, all the gold jewellery has been returned to respondent no. 2. As per the said MoU, a sum of Rs. 22,00,000/- was payable to respondent no. 2, which has also been paid in full. 12. Respondent no. 2 is present before this Court through Video Conferencing (“VC”). This Court has interacted with respondent no. 2, who confirms the fact that she has received her jewellery and the aforesaid amount. She further confirms that she does not wish to pursue the matter any further. 13. In light of the aforesaid, the parties seek quashing of the impugned FIR. 14. Learned Additional Public Prosecutor (“APP”) submits that in the facts and circumstances of the case, he has no objection to the present petition. 15. Having heard the learned counsels appearing for the parties as well as respondent no. 2, this Court notes that the matter has been finally settled between the petitioners and respondent no. 2. 16. The Supreme Court has held that under Section 528 of the BNSS, High Courts may quash criminal proceedings, even with respect to non- compoundable offences, if the concerned parties have arrived at a Digitally Signed By:HARIOM SHARMA Signing Date:04.10.2026 12:38:13 Signature Not Verified compromise or settlement, and particularly when no overarching public interest is adversely affected by quashing the same. 17. In Jitendra Raghuvanshi and Others Versus Babita Raghuvanshi and Another, (2013) 4 SCC 58, the Supreme Court has held that the High Courts are empowered to quash an FIR in case of matrimonial disputes in order to foster genuine settlements, even when the offences involved are non-compoundable in nature. The relevant portion of the said judgment reads as under: “xxx xxx xxx 14. The inherent powers of the High Court under Section 482 of the Code are wide and unfettered. In B.S. Joshi [(2003) 4 SCC 675 : 2003 SCC (Cri) 848] , this Court has upheld the powers of the High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably. We are satisfied that the said decision is directly applicable to the case on hand and the High Court ought to have quashed the criminal proceedings by accepting the settlement arrived at. 15. In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings. xxx xxx xxx” (Emphasis Supplied) 18. Accordingly, in view of the facts and circumstances of the present case, FIR 96/2023, dated 22nd April, 2023, registered at PS Kirti Nagar, West, Delhi, under Sections 498A/406/34 of the IPC, and all consequential Digitally Signed By:HARIOM SHARMA Signing Date:04.10.2026 12:38:13 Signature Not Verified proceedings emanating therefrom, are hereby quashed. 19. Petition along with pending application stands disposed of. MINI PUSHKARNA, J SEPTEMBER 30, 2026 c By:HARIOM SHARMA Signing Date:04.10.2026 12:38:13