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High Court of DelhiCRL.M.C./366/2026

Ramesh Kumar And ORS. v. State NCT Of Delhi And ANR

2026-01-15Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 366/2026, CRL.M.A. 1379/2026 RAMESH KUMAR AND ORS.

.....Petitioners Through:

Ms.

Sakshi Mishra and Mr.

Yashasvi Tomar, Advocates.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Ms. Divya Bakshi, Advocates SI Parmender Kumar, PS-Nihal Vihar and SI Brahm Parkash, PSSultanpuri Mr. Anuj Kumar Ranjan, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 15.01.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (erstwhile Section 482 of the Code of Criminal Procedure, 1973), the petitioners seek quashing of FIR No.1235/2021 dated 01.11.2021 registered at PS.: Sultanpuri, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC), as also all other proceeding(s) emanating therefrom, in view of the Settlement Agreement dated 08.08.2025 arrived at inter se the petitioners and the respondent no.2 herein.

2.

At the outset, the learned counsel for the petitioners submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present petition is accompanied by the Settlement Agreement dated 08.08.2025 as Annexure-P-3, and is also supported by affidavit(s) of the petitioners and respondent no.2, alongwith proofs of the respective I.D.s. Additionally, petitioners and respondent no.2, present in Court, have been identified by the Investigating Officer and the credentials of both, as on record, have also been duly verified by the Investigating Officer. 3.

Issue Notice.

4.

Learned APP for the State accepts notice. She confirms that she has no objection to the quashing of the aforesaid FIR. 5.

The respondent no.2 confirms that the learned Principal Judge, Family Courts, North-West District, Rohini Courts, Delhi has passed a decree of divorce by mutual consent on 21.11.2025. She also affirms the Settlement Agreement dated 08.08.2025, in compliance whereof the petitioners have already paid her a total sum of Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) and also handed over a further sum of Rs.50,000/- (Rupees Five Thousand Only) to her in Court as a full and final Settlement qua all her claims including alimony, maintenance (present, past and future), and all other miscellaneous expenses, vide Demand Draft No.000138 dated 05.01.2026 (Bank of India, Rajouri Garden Branch, New Delhi). Lastly, respondent no.2 states that she has no objection to the quashing of the said FIR.

6.

In view of the fact that a Settlement has already been arrived at between the parties, they shall remain bound by all the terms and conditions contained therein. As such, following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr.; (2013) 4 SCC 58, Gian Singh vs. State of Punjab & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Anr.; (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility. 7.

Accordingly, the present petition is allowed and FIR No.1235/2021 dated 01.11.2021 under Sections 498A/406/34 of the IPC registered at PS: Sultanpuri, Delhi and all other proceedings emanating therefrom are hereby quashed.

8.

As such, the petition alongwith the pending application is disposed of in the aforesaid terms.

SAURABH BANERJEE, J JANUARY 15, 2026/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.