Pankaj Tyagi & Ors. vs State Nct Of Delhi And Anr

Court
Delhi High Court

$~100
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision : 02.11.2026
# CNR No.DLHC010528012026
CRL.M.C. 8207/2026, CRL.M.A. 34433/2026
+
PANKAJ TYAGI & ORS. .....Petitioner
Through: Mr. Abhishek Tyagi, Adv. along with
Petitioners-In Person
versus
STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Hemant Mehla (APP) along with
Mr. Mohd. Naved, Mr. Mayank
Choudhary, Advs.
Mr. Shubham Bharara, Mr. Navneet
Kaur, Ms. Manisha Sharma, Advs. for
R2
SI Rajeshwar Parmar (PS Hauz Qazi)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. ( ORAL )

1. The present petition has been filed by the petitioners under Section
528 of the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’), 2023 seeking
quashing of FIR No. 0069/2024 dated 14.03.2024 registered at P.S. Hauz
Qazi, Central Delhi under Sections 498A/ 406/ 34 of the Indian Penal Code,
1860 (‘IPC’), and all consequential proceedings emanating therefrom.
2. The factual conspectus is that the petitioner no.1 and the respondent
no.2 were married on 15.11.2021, no child was born out of the said wedlock
and they are living separately since 21.01.2023. The aforesaid FIR was
registered on the complaint of the respondent no.2 alleging illegal demand

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of dowry, marrying by deception, assault, abusing and not returning the
stridhan by the petitioners.
3. The charge sheet has been filed pursuant to registration of the FIR.
On a reference in the domestic violence complaint, by the JMFC, Mahila
Court-01, the parties have settled all the disputes before the Delhi Mediation
Centre, Tis Hazari Courts on 19.05.2026. A copy of the Settlement
Agreement as drawn by the said Mediation Centre has been placed on record
as Annexure P-7 to the present petition. The same reads as under:-



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4. It transpires that the aforesaid settlement has been acted upon. The
cases filed under Domestic Violence Act, 2005 (D.V. Act) have been
withdrawn and a decree of divorce by mutual consent was passed by the
learned Family Court, Central District, Tis Hazari Courts, Delhi on

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08.09.2026. It is stated during the course of hearing that pursuant to the
settlement a sum of Rs. 9,00,000/- has been paid to the respondent no.2 and
a bank draft for Rs. 11,00,000/- has been handed over to the respondent no.2
during the course of hearing. The respondent no.2 confirms the receipt
thereof and she reiterates that she is desirous of giving effect to the
settlement agreement and putting a quietus to the aforesaid FIR.
5. In the facts and circumstances of the present case, it is evident that:-
i. That the dispute is purely matrimonial.
ii. The marriage has been dissolved by mutual consent and all
proceedings between the parties have been withdrawn/ stand
culminated.
iii. The entire settlement amount has now been paid.
iv. The respondent no.2/ complainant does not wish to pursue the

proceedings and as such allowing the proceedings to continue would
be an exercise in futility.
6. In Narinder Singh v. State of Punjab , (2014) 6 SCC 466 the
Supreme Court has observed as follows:-
“29.2. When the parties have reached the settlement and on that basis
petition for quashing the criminal proceedings is filed, the guiding factor
in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on
either of the aforesaid two objectives.
29.3. Such a power is not to be exercised in those prosecutions which
involve heinous and serious offences of mental depravity or offences like
murder, rape, dacoity, etc. Such offences are not private in nature and
have a serious impact on society. Similarly, for the offences alleged to
have been committed under special statute like the Prevention of
Corruption Act or the offences committed by public servants while
working in that capacity are not to be quashed merely on the basis of

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compromise between the victim and the offender.
29.4.
On the other hand, those criminal cases having overwhelmingly
and predominantly civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship or
family disputes should be quashed when the parties have resolved their
entire disputes among themselves.
29.5. While exercising its powers, the High Court is to examine as to
whether the possibility of conviction is remote and bleak and
continuation of criminal cases would put the accused to great oppression
and prejudice and extreme injustice would be caused to him by not
quashing the criminal cases.”

7. Considering the circumstances, and in terms of the dicta laid down by
the Supreme Court in Narinder Singh v. State of Punjab , (2014) 6 SCC 466
there is no impediment in allowing the present petition.

8. Accordingly, FIR No. 0069/2024 dated 14.03.2024 registered at P.S.
Hauz Qazi, Central Delhi under Sections 498A/ 406/ 34 of the IPC, 1860
and all consequential proceedings emanating therefrom, are quashed.
9. The petition is allowed in the above terms. Pending application also
stands disposed of.

SACHIN DATTA, J
NOVEMBER 2, 2026/ uk , nb


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