Delhi High Court Quashes FIR in Matrimonial Dispute Following Amicable Settlement

FIR under Sections 498A and 406 of IPC quashed by exercising powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, as parties reach settlement.

In a significant ruling, the Delhi High Court, presided over by Justice Sanjeev Narula, has quashed an FIR filed under Sections 498A, 406, and 34 of the Indian Penal Code. The FIR was originally lodged due to allegations of cruelty and breach of trust in a matrimonial discord. The court's decision came after both parties reached an amicable settlement, which included a financial agreement and mutual divorce.

The case involved petitioner Mohit Pal and his family members, who were accused by Respondent No. 2, the estranged wife. The marriage, solemnized in May 2023, faced irreconcilable differences, leading to the couple living separately since October 2023. Despite attempts at reconciliation, the situation escalated into a formal complaint and subsequent FIR.

The breakthrough came when the parties independently agreed to resolve their differences without any coercion. A Settlement Deed was executed in July 2025, in which Mohit Pal agreed to compensate his former spouse with INR 5,00,000. Following this, the couple obtained a mutual consent divorce decree from the Family Court in Karkardooma, Delhi.

During the court proceedings, Respondent No. 2 confirmed the receipt of INR 4,00,000 and accepted the remaining INR 1,00,000 via a demand draft presented during the hearing. This confirmation led to a joint request from both parties to quash the FIR.

Justice Narula, referencing precedents from the Supreme Court, emphasized the court's inherent power to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, even for non-compoundable offences when parties have settled their disputes amicably. The judge noted the civil nature of the dispute and highlighted that continuing the proceedings would constitute an abuse of the court's process.

The court's decision aligns with the principles laid out in landmark judgments like Narinder Singh v. State of Punjab and Parbatbhai Aahir v. State of Gujarat, which guide the exercise of judicial discretion in quashing criminal cases where civil settlements are reached.

This judgment underscores the judiciary's role in facilitating justice and resolving disputes efficiently, especially in cases where the involved parties have independently reconciled. The court's intervention ensures that legal proceedings do not become a tool for unnecessary harassment or abuse, especially in personal and matrimonial matters.

Bottom Line:

FIR under Sections 498A/406/34 IPC quashed by exercising powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, due to amicable settlement between parties.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code, 1860 Sections 498A, 406, 34

Mohit Pal v. State (Govt. of NCT of Delhi), (Delhi) : Law Finder Doc Id # 2808854