Facts
The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, of FIR No. 391/2021, registered at P.S. Begum Pur under Sections 498A, 406 and 34 IPC, and the consequential proceedings
Source reference: p.1The petitioners, who were the in-laws of respondent no. 2, relied on a settlement agreement dated 6 April 2026, reached under the aegis of the Delhi Mediation Centre, Rohini District Courts
Source reference: p.1–2The husband had died; petitioner no. 5 had also expired and was directed to be deleted from the array of parties
Source reference: p.1, p.4Respondent no. 2 and the petitioners appeared in Court, and respondent no. 2 confirmed that the settlement was voluntary and supported quashing of the FIR
Source reference: p.4Issues
Whether the FIR and consequential proceedings arising from the matrimonial dispute could be quashed on the basis of the parties’ settlement
Source reference: p.1–2, p.4Whether the settlement was voluntary and sufficient, in the circumstances of the case, to warrant quashing
Source reference: p.4Law Applied
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedural basis invoked for the quashing petition
Source reference: p.1The FIR alleged offences under Sections 498A, 406 and 34 of the Indian Penal Code, 1860
Source reference: p.1Applying Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court may quash criminal proceedings arising from a matrimonial dispute where the parties have settled and quashing is appropriate in the circumstances
Source reference: p.4Reasoning
The Court found that the parties had resolved their dispute through the settlement agreement and that respondent no. 2, appearing before the Court, affirmed that she had entered into it of her own free will, without coercion or undue influence, and sought quashing
Source reference: p.2, p.4The Court also considered the matrimonial nature of the dispute, the husband’s death, and the settlement’s provision for residence and a share in property for respondent no. 2 and her children.
Source reference: p.4In light of those circumstances and Gian Singh, it found no impediment to quashing the FIR
Source reference: p.4Holding
The Court allowed the petition and quashed FIR No. 391/2021, registered under Sections 498A, 406 and 34 IPC at P.S. Begum Pur, along with all consequential proceedings
Petitioner no. 5 was deleted from the array of parties, and the petitioners were directed to file an amended memo of parties within one week
Source reference: p.1, p.4The petition was disposed of accordingly
Source reference: p.4Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Indian Penal Code, 18602
Original Court PDF
Subhash Chand & Ors.vsThe State (N.C.T. Of Delhi) & Anr.
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
