Sushil Kumar Mittal & Ors vs State Nct Of Delhi And Anr on 6 April, 2026

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    Sushil Kumar Mittal & Ors vs State Nct Of Delhi And Anr on 6 April, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~86
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              +         CRL.M.C. 2498/2026 & CRL.M.A. 10173/2026
                                        SUSHIL KUMAR MITTAL & ORS.                 .....Petitioner
                                                     Through: Mr. Jatin Rana, Advocate
    
                                                                      versus
    
                                  STATE NCT OF DELHI AND ANR                 .....Respondents
                                                Through: Mr. Hitesh Vali, APP.
                                                         SI Rajat, PS: Vijay Vihar.
                                                         Mr. Bhaunesh Dalal, Advocate for
                                                         R-2.
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
    
                                                                      ORDER
    

    % 06.04.2026

    1. The petitioners have filed this petition under Section 528 of the
    Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], (corresponding to
    Section 482 of the Code of Criminal Procedure, 1973 [“CrPC“]), seeking
    the quashing of FIR No. 119/2024, dated 02.03.2024, registered at Police
    Station Vijay Vihar under Sections 498A, 406, and 34 of the Indian Penal
    Code, 1860 [“IPC“], alongwith all proceedings arising therefrom, on the
    ground that the matter has been amicably settled.

    SPONSORED

    2. Issue notice. Mr. Hitesh Vali, learned Additional Public
    Prosecutor, accepts notice on behalf of the State. Mr. Bhaunesh Dalal,
    learned counsel, accepts notice on behalf of respondent No.2.

    3. Out of the 9 petitioners, 7 are physically present in Court, while the
    remaining 2 are present via video conference. All petitioners have been

    CRL.M.C. 2498/2026 Page 1 of 7
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43
    identified by their learned counsel as well as by the Investigating Officer.
    Respondent No. 2 is also present in person and has been duly identified
    by her learned counsel and the Investigating Officer.

    4. The petition is taken up for disposal with the consent of learned
    counsel for the parties.

    5. The marriage of respondent No.2 with her husband was solemnized
    on 18.11.2010, and 5 children were born from the wedlock. Her husband
    died on 03.06.2023.

    6. Petitioner Nos. 1 and 3 are the father-in-law and mother-in-law of
    respondent No. 2, respectively. Petitioner Nos. 2, 4, 5, 6, 7, and 9 are the
    siblings of her late husband, while petitioner No. 8 is his maternal uncle.

    7. Following the death of her husband on 03.06.2023, certain disputes
    arose between respondent No. 2 and her late husband’s family, the
    petitioners herein. Pursuant thereto, she lodged a formal complaint with
    the Crime Against Women Cell, which ultimately led to the registration
    of the impugned FIR against the petitioners on 02.03.2024.

    8. Thereafter, on 18.03.2024, respondent No. 2 filed a petition under
    Sections 19 and 22 of the Hindu Adoptions and Maintenance Act, 1956
    before the Family Court at Rohini, seeking maintenance for herself and
    her minor children.

    9. Subsequently, a chargesheet was filed on 12.05.2024 against the
    present petitioners, during which charges under Sections 354 and 506 of
    the IPC were added against petitioner No. 9 and petitioner No. 8,
    respectively.

    10. During the pendency of the proceedings, the parties have entered
    into a Settlement Agreement dated 12.12.2025 before the Delhi

    CRL.M.C. 2498/2026 Page 2 of 7
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43
    Mediation Centre, Rohini District Courts. In terms of the settlement, the
    petitioners have agreed to pay a sum of Rs. 12,000/- per month towards
    maintenance for respondent No. 2 and her children, with a provision for
    periodical enhancement of 10% every three years, alongwith other agreed
    terms relating to property rights and specified visitation rights.

    11. I am informed that pursuant to the said settlement, the petitioners
    have already commenced compliance by making the first payment of Rs.
    12,000/- to respondent No. 2 on 05.03.2026.

    12. Learned counsel for the parties have confirmed that the settlement
    was entered into voluntarily and without any coercion or undue influence.

    13. It is further submitted by respondent No. 2 that the allegation under
    Section 354 against petitioner No. 9 arose from a misunderstanding.

    14. Mr. Jatin Rana, learned counsel for the petitioners, submits, on
    instructions from the petitioners who are present in Court, that they
    accept joint and several responsibility for ensuring the aforesaid
    payments and acknowledge that, in the event of default, they shall be
    liable to face appropriate legal proceedings, including contempt of Court.

    15. In light of the aforesaid, parties seek quashing of the impugned
    FIR.

    16. The Supreme Court has held that, in appropriate circumstances,
    High Courts may, in exercise of their powers under Section 528 of the
    BNSS (corresponding to Section 482 of the CrPC), quash criminal
    proceedings, including those relating to non-compoundable offences,
    where a compromise has been reached between the accused and the
    complainant, particularly when such quashing does not prejudice any
    overriding public interest.

    CRL.M.C. 2498/2026 Page 3 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43

    17. The Supreme Court, in Gian Singh v. State of Punjab & Anr.1 has
    held as follows:

    “58. Where the High Court quashes a criminal proceeding having regard
    to the fact that the dispute between the offender and the victim has been
    settled although the offences are not compoundable, it does so as in its
    opinion, continuation of criminal proceedings will be an exercise in
    futility and justice in the case demands that the dispute between the
    parties is put to an end and peace is restored; securing the ends of
    justice being the ultimate guiding factor. No doubt, crimes are acts
    which have harmful effect on the public and consist in wrongdoing that
    seriously endangers and threatens the well-being of the society and it is
    not safe to leave the crime-doer only because he and the victim have
    settled the dispute amicably or that the victim has been paid
    compensation, yet certain crimes have been made compoundable in law,
    with or without the permission of the court. In respect of serious offences
    like murder, rape, dacoity, etc., or other offences of mental depravity
    under IPC or offences of moral turpitude under special statutes, like the
    Prevention of Corruption Act or the offences committed by public
    servants while working in that capacity, the settlement between the
    offender and the victim can have no legal sanction at all. However,
    certain offences which overwhelmingly and predominantly bear civil
    flavour having arisen out of civil, mercantile, commercial, financial,
    partnership or such like transactions or the offences arising out of
    matrimony, particularly relating to dowry, etc. or the family dispute,
    where the wrong is basically to the victim and the offender and the
    victim have settled all disputes between them amicably, irrespective of
    the fact that such offences have not been made compoundable, the
    High Court may within the framework of its inherent power, quash the
    criminal proceeding or criminal complaint or FIR if it is satisfied that
    on the face of such settlement, there is hardly any likelihood of the
    offender being convicted and by not quashing the criminal
    proceedings, justice shall be casualty and ends of justice shall be
    defeated. The above list is illustrative and not exhaustive. Each case will
    depend on its own facts and no hard-and-fast category can be
    2
    prescribed.”

    Further, in Narinder Singh & Ors. v. State of Punjab & Anr.3, the
    Supreme Court has also laid down guidelines for High Courts while

    1
    (2012) 10 SCC 303.

    2

    Emphasis supplied.

    3

    (2014) 6 SCC 466.

    CRL.M.C. 2498/2026 Page 4 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43
    accepting settlement deeds between parties and quashing the proceedings.
    The relevant observations in the said decision read as under:

    “29. In view of the aforesaid discussion, we sum up and lay down the
    following principles by which the High Court would be guided in giving
    adequate treatment to the settlement between the parties and exercising
    its power under Section 482 of the Code while accepting the settlement
    and quashing the proceedings or refusing to accept the settlement with
    direction to continue with the criminal proceedings:

    29.1. Power conferred under Section 482 of the Code is to be
    distinguished from the power which lies in the Court to compound the
    offences under Section 320 of the Code. No doubt, under Section 482 of
    the Code, the High Court has inherent power to quash the criminal
    proceedings even in those cases which are not compoundable, where the
    parties have settled the matter between themselves. However, this power
    is to be exercised sparingly and with caution.

    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
    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

    CRL.M.C. 2498/2026 Page 5 of 7
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43
    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.”4

    18. In the present case, the disputes arose following the death of
    respondent No. 2’s husband and pertain to matters between her and her
    late husband’s family. During the pendency of the proceedings, the
    parties have entered into a comprehensive and voluntary settlement,
    under which the petitioners have undertaken to provide regular
    maintenance to respondent No. 2 and her minor children, with provisions
    for periodic enhancement, and have already commenced compliance
    thereof. Learned counsel for the parties have confirmed that the
    settlement was arrived at freely, without any coercion or undue influence,
    and certain allegations, including that under Section 354 IPC against
    petitioner No. 9, have been clarified to have arisen from a
    misunderstanding.

    19. Applying the tests laid down by the Supreme Court, it is clear that
    the settlement reached between the parties is voluntary and bona fide, as
    has been categorically affirmed by respondent No. 2 before the Court. In
    light of these circumstances, the criminal proceedings are unlikely to
    result in conviction, and their continuation would amount to a mere
    formalistic exercise, imposing unnecessary burdens on both the parties
    and the judicial system, while consuming public resources without
    furthering justice or safeguarding any overriding public interest.

    20. There is, therefore, no impediment to the grant of the relief sought.

    21. Having regard to the aforesaid, the petition is allowed, and FIR No.

    4
    Emphasis supplied.

    CRL.M.C. 2498/2026 Page 6 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43
    119/2024 dated 02.03.2024, registered at Police Station Vijay Vihar,
    under Section 498A/406/34 of the IPC, alongwith all consequential
    proceedings arising therefrom, is hereby quashed.

    22. The parties shall remain bound by the terms of the settlement.

    23. The petition accordingly stands disposed of.

    24. It is, however, clarified that the settlement and the present order
    shall not, in any manner, affect the rights of the minor children, whose
    custody shall continue to remain with respondent No. 2.

    PRATEEK JALAN, J
    APRIL 6, 2026
    SS/SD/

    CRL.M.C. 2498/2026 Page 7 of 7
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 07/04/2026 at 21:08:43



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