Delhi High CourtCriminal Procedure and EvidenceCriminal Law

After Husband Pays Wife Full ₹13.3 Lakh Settlement, Delhi HC Quashes 498A FIR Against Him And Co-Petitioners

Deepak Singh Kathait And Othersv.Nct Of Delhi And Anr

After Husband Pays Wife Full ₹13.3 Lakh Settlement, Delhi HC Quashes 498A FIR Against Him And Co-Petitioners. Deepak Singh Kathait And Others vs Nct Of Delhi And Anr. Delhi High Court. LawLens
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In brief

The question

Whether the High Court should exercise its inherent power under Section 528 BNSS to quash the FIR and consequential proceedings in light of the parties’ settlement

The court held

The Court allowed the petition and quashed FIR No. 225/2022, dated 9 April 2022, registered under Sections 498A/34 IPC, together with all consequential proceedings

It also directed

It directed that the original party affidavits be submitted to the Trial Court and the concerned SHO/IO within four weeks

Pending applications were also disposed of

01Facts

The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), of FIR No. 225/2022, registered at P.S. Ambedkar Nagar under Sections 498A/34 IPC, and the proceedings arising from it

¶ 3, 13

The FIR followed the breakdown of the marriage between petitioner no. 1 and respondent no. 2, and allegations of dowry-related harassment; a charge-sheet had been filed under Sections 498A/406/34 IPC

¶ 4–6

The parties subsequently settled their disputes in writing on 26 September 2025. They obtained a mutual-consent divorce, petitioner no. 1 paid the agreed settlement amount of ₹13,30,000, and the minor child’s custody remained with respondent no. 2

¶ 7–8

Respondent no. 2 confirmed the voluntary settlement and consented to quashing the FIR

¶ 9–10

02Issues

i.Whether the High Court should exercise its inherent power under Section 528 BNSS to quash the FIR and consequential proceedings in light of the parties’ settlement

¶ 3, 11–12

ii.Whether continuation of the criminal proceedings would serve any useful purpose where the complainant had received the settlement amount and did not wish to pursue the charges

¶ 10–11

03Law Applied

Section 528 BNSS preserves the High Court’s inherent power to make orders necessary to secure the ends of justice

¶ 3, 12

The Court applied the principle that criminal proceedings arising from a dispute that is primarily private in nature may be quashed on settlement where continuation would serve no useful purpose and the complainant does not wish to pursue the matter, provided quashing is appropriate to secure the ends of justice

¶ 11–12

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Indian Penal Code, 1860 Section 34Section 406

Code of Criminal Procedure, 1973 Section 125

04Reasoning

The Court found that the parties had amicably resolved their disputes, completed the mutual-consent divorce, and fulfilled the monetary settlement.

¶ 8–10

Respondent no. 2 confirmed that the settlement was voluntary and expressly had no objection to quashing

¶ 8–10

Given the private nature of the dispute, the complainant’s position, and the absence of any identified public interest in continuing the prosecution, the Court concluded that further proceedings would serve no useful purpose and that quashing was appropriate under Section 528 BNSS

¶ 11–12

05Holding

The Court allowed the petition and quashed FIR No. 225/2022, dated 9 April 2022, registered under Sections 498A/34 IPC, together with all consequential proceedings

¶ 13–14

It directed that the original party affidavits be submitted to the Trial Court and the concerned SHO/IO within four weeks

¶ 13

Pending applications were also disposed of

¶ 15
Delhi High Court

Original Court PDF

Deepak Singh Kathait And OthersvsNct Of Delhi And Anr

Delhi High Court · November 04, 2026

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