Synopsis

The petitioners sought quashing of an FIR under Sections 498A/406/34 IPC arising from matrimonial disputes. The parties had settled all disputes through mediation, obtained divorce by mutual consent, and the wife/complainant received full and final settlement of ₹2 crores (including for herself and two children). She appeared in court and stated that she had no objection to quashing. The High Court, exercising inherent powers under Section 528 BNSS, quashed the FIR and all consequential proceedings, holding that continuing criminal proceedings would serve no useful purpose as the dispute was primarily private in nature.

1.  Heading of the judgment

High court of delhi at new delhi

Crl.m.c. 3449 of 2026 & crl.m.a. 13968 of 2026

Rajat gogia & anr (petitioners) vs. State (nct of delhi) & anr (respondents)

Coram: hon’ble mr. justice manoj jain

Date: 5th may, 2026

2. Legal framework

Major laws and provisions involved:

• Bharatiya nagarik suraksha sanhita (bnss), 2023 – section 528 (inherent powers to quash criminal proceedings to prevent abuse of process or to secure ends of justice)

• Indian penal code, 1860 – sections 498a (cruelty by husband or relatives), 406 (criminal breach of trust), 34 (common intention)

• Protection of women from domestic violence act, 2005 – section 12 (refe

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