Sushil Kumar & Ors. vs State Of N.C.T. (Delhi) & Anr.

$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of Decision: 03 September, 2026
# CNR No. DLHC010413372026
+ CRL.M.C. 6495/2026& CRL.M.A. 27158/2026 & CRL.M.A.
27159/2026
SUSHIL KUMAR & ORS. .....Petitioners
Through: Mr. Udai Dhawan with Mr. Awdhesh
Kumar Chauhan, Advocates with
petitioners in person.
versus

STATE OF N.C.T. (DELHI) & ANR. .....Respondents
Through: Mr. Satinder Singh Bawa, APP for the
State with SK Mohd. Intzar, PS New
Friends Colony.
Mr. Dev Karan, Mr. Sanjeev Kumar,
Mr. Brijesh Tiwari, Mr. Satya
Prakash, Mr. Rajinder Pal Singh, Mr.
Pawan Kumar and Mr. Sunny,
Advocates for respondent No.2 with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)

1. Petitioners herein seek quashing of FIR No. 198/2023 dated
17.06.2023, registered at Police Station New Friends Colony, for commission
of offences under Sections 498A/406/323/34 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 20.12.2020, as per Hindu rites and
Signature Not Verified
CRL.M.C. 6495/2026 1
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:05.09.2026
15:15:07

customs. One male 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, albeit, charges have yet not been
ascertained.
5. With the intervention of common friends and relatives, parties have
entered into a comprehensive Memorandum of Understanding (MoU) dated
26.07.2025 and have been able to resolve all their disputes and have decided
to part ways gracefully.
6. It is in the abovesaid backdrop that quashing is being sought.
7. Respondent no. 2 is present in person and she has been duly identified
by her counsel as well as by Investigating Officer.
8. When asked, she submits that the matter has been amicably settled and
confirms terms of settlement, as recorded in the abovesaid Memorandum of
Understanding (MoU) dated 26.07.2025. She also submits that in terms of
settlement, there is already a divorce by way of mutual consent which was
granted by learned Judge, Family Court on 31.07.2026. She submits that as
per terms of settlement, her son would remain in her custody and the
petitioners would have visitation rights, which have already been sufficiently
described in the Memorandum of Understanding (MoU) dated 26.07.2025.
She has also agreed to accept a sum of Rs.20,00,000/- as full and final
settlement in lieu of istridhan , alimony, maintenance for self (past, present
and future). She submits that she has already received a sun of Rs.10,00,000/-
and the balance amount of Rs.10,00,000/- is lying deposited before the
learned Trial Court seized with the abovesaid FIR and states that once the
Signature Not Verified
CRL.M.C. 6495/2026 2
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:05.09.2026
15:15:07

present petition is quashed, she would collect the same from the learned Trial
Court.
9. Learned counsel for the petitioner also submits that they would have no
objection if the abovesaid draft is withdrawn by her unconditionally.
10. Respondent No.2 submits 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.

11. 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.
12. 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.
13. Consequently, to secure the ends of justice, FIR No. 198/2023 dated
17.06.2023, registered at Police Station New Friends Colony, for commission
of offences under Sections 498A/406/323/34 IPC , along with all
consequential proceedings arising therefrom, is, hereby, quashed. Original
affidavits and MoU of the parties, copies of which have been placed on record
in the present proceedings, shall be submitted before the learned Trial Court
within two weeks from today, so that these become part of Trial Court
Record.
14. Respondent No.2 would be at liberty to collect the stated draft of
Rs.10,00,000/- from the abovesaid Court .
Signature Not Verified
CRL.M.C. 6495/2026 3
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:05.09.2026
15:15:07

15. The petition stands disposed of in aforesaid terms.
16. Pending applications also stand disposed of.


(MANOJ JAIN)
JUDGE
SEPTEMBER 3, 2026/st/sk
Signature Not Verified
CRL.M.C. 6495/2026 4
Digitally Signed
By:SONIA THAPLIYAL
Signing Date:05.09.2026
15:15:07