Delhi High Court

### FIR Under Sections 498A/406 IPC Quashed Upon Amicable Settlement of Matrimonial Disputes Under Inherent Powers.

Sh. Shehzad & Ors. vs The State (Govt Of Nct Of Delhi) & Anr.

Delhi High CourtJUDGMENT: April 29, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The marriage between Petitioner No. 1 and Respondent No. 2, solemnized on 16.01.2019, resulted in one child. Due to temperamental differences, the parties separated in 2021

Source reference: para. 2–3

Based on a report by Respondent No. 2, FIR No. 0733/2021 was registered at P.S. Welcome under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act

Source reference: para. 1

A charge-sheet was subsequently filed

Source reference: para. 4

On 09.03.2026, the parties entered into a written Compromise Deed to mutually dissolve the marriage via talaq-e-sunnat, settle all alimony/maintenance claims for a sum of ₹60,000, and grant custody of the child to the mother

Source reference: para. 5, 8

The petitioners moved the High Court to quash the FIR based on this settlement.

Source reference: no citation
02

Issues

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings arising out of matrimonial disputes when the parties have reached an amicable settlement

Source reference: para. 1, 9
03

Law Applied

The Court primarily exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 482 of the CrPC), which allows for the quashing of proceedings to secure the ends of justice

Source reference: para. 10

The Court relied on the principle that matrimonial disputes are primarily private in nature and do not involve public interest, thus justifying quashing upon settlement to prevent the abuse of the process of law

Source reference: para. 9
04

Reasoning

The Court observed that the parties had voluntarily resolved all matrimonial disputes, including maintenance, dower (Mahr), and return of articles, as evidenced by the Compromise Deed dated 09.03.2026 and the full payment of ₹60,000

Source reference: para. 5, 8

Respondent No. 2 appeared in person, confirming she entered the settlement without coercion and had no objection to the quashing of the FIR

Source reference: para. 8

The Court reasoned that since the dispute was fundamentally private and the complainant no longer wished to pursue charges, continuing the criminal proceedings would serve no useful purpose and would be a futile exercise for the judicial system

Source reference: para. 9
05

Holding

The Court answered the issue in the affirmative, holding that the FIR and all consequential proceedings should be quashed to secure the ends of justice

The Court quashed FIR No. 0733/2021 and directed the parties to submit the original affidavits and Compromise Deed to the Trial Court within four weeks to be made part of the official record

Source reference: para. 11

The petition and pending applications were disposed of accordingly

Source reference: para. 12–13
Delhi High Court

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Sh. Shehzad & Ors.vsThe State (Govt Of Nct Of Delhi) & Anr.

Delhi High Court · April 29, 2026

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