The Delhi High Court has dismissed a plea by Dubai-based NRI Arvind Bhatnagar, who sought to quash a 2005 FIR alleging dowry harassment and criminal breach of trust filed by his estranged wife, Neeti Bhatnagar. Justice Neena Bansal Krishna, in her judgment pronounced on October 29, 2025, held that there was no valid ground for quashing the FIR under Section 482 CrPC, as the couple's settlement was never acted upon and the promised divorce by mutual consent never materialised.
Background
Arvind and Neeti married in Lucknow in 1991, and had two children-Niharika and Nillay. By 2005, their relationship had soured, leading Neeti to file a complaint of dowry harassment at Tughlak Road police station, New Delhi, resulting in FIR No. 182/2005 under Sections 498A and 406 IPC.
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The case dragged on for years. While Arvind’s mother was discharged in 2017 and his father passed away during proceedings, the husband continued to face trial. In 2018, both parties appeared to have reached an amicable settlement-Arvind agreed to pay ₹35 lakh in total, along with additional compensation for jewellery and other items.
The couple even filed for divorce by mutual consent before the Family Court, Jodhpur, and Arvind deposited ₹30 lakh in fixed deposits for Neeti and their children, promising to pay the remaining ₹7 lakh after the divorce decree. However, the divorce petition was later dismissed for non-prosecution, after Arvind failed to appear for subsequent hearings.
Court's Observations
The High Court took a dim view of the husband’s conduct. Justice Krishna noted that Arvind "failed to appear before the Family Court after the first motion" and gave no convincing reason for his absence. Although the pandemic was cited as a reason for non-appearance, the judge found it "unsubstantiated and insufficient," pointing out that even after restrictions eased, the petitioner made no effort to revive the case in time.
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The bench further observed,
"There is nothing to show that the settlement was ever acted upon by the petitioner. Merely depositing cheques which were never released cannot be treated as compliance."
The Court also recorded that Neeti Bhatnagar had opposed the quashing of the FIR, submitting that her husband had defaulted on payments and that she was forced to fund her daughter’s marriage on her own after Arvind withdrew support. The judge remarked that the husband’s claim of readiness to settle appeared hollow, since he neither completed the divorce process nor ensured the release of funds to his wife and children.
Decision
Concluding the matter, Justice Neena Bansal Krishna held that the 2018 settlement had never been executed and that there was no ground to quash the FIR merely because of a failed compromise.
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"The petition is dismissed as being without merits," the Court ruled, emphasizing that the husband’s failure to act on the agreed terms and his absence before the Jodhpur Family Court led to the collapse of the divorce proceedings and, consequently, the nullification of the settlement.
The order effectively means that the criminal case under Sections 498A and 406 IPC will continue before the trial court in Delhi.
With this ruling, the Delhi High Court reaffirmed that a broken settlement cannot form the basis for quashing criminal proceedings, especially in matrimonial disputes involving dowry allegations. The judgment serves as a reminder that mutual consent divorce and criminal quashing must both rest on actual compliance, not intent alone.
Case Title: Arvind Bhatnagar vs. State (Govt. of NCT of Delhi) & Anr.
