Anil Kumar & ORS. v. The State (N.C.T Of Delhi) & ORS.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 812/2026 ANIL KUMAR & ORS.

.....Petitioners Through:

Mr.

Kumra Vittalasai Soham Prakash, Advocate with petitioners in person versus THE STATE (N.C.T OF DELHI) & ORS.

.....Respondents Through:

Mr. Raj Kumar, APP with Mr.

Bhanu Pratap Singh, Advocate with SI Kunal Kumar, PS: Binda Pur Mr. Raj Kumar Chandiwal and Ms.

Natasha Rani, Advocates for R-2 & 3 with R-2 and R-3 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 30.01.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the petitioners seek quashing of FIR No.245/2022 dated 22.03.2022 registered at PS.: Binda Pur, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC), and all proceedings emanating therefrom, in view of the Family Settlement Agreement dated 16.09.2025 arrived at between the petitioners and the respondent nos.2 and 3.

2.

The present petition is also accompanied by the said Family Settlement Agreement dated 16.09.2025 [Annexure P2 (Colly)] alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the respective proofs of identity of the parties. 3.

Issue notice.

4.

Learned APP for the State accepts notice and, he submits that as per the charge-sheet, in addition to the present petitioners, there are two more accused, whose names are in Column 12. He further submits that he has no objection to the quashing of the aforesaid FIR No.245/2022 dated 22.03.2022 qua the present petitioners.

5.

Respondent nos.2 and 3, present in Court, also accept notice, and confirm that the petitioner no.1 and the respondent no.2 as also the petitioner no.2 and the respondent no.3 have already been granted divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1995 vide Decree of Divorce dated 16.12.2025, as also the petitioners and the respondent nos.2 and 3 have executed the aforesaid Family Settlement Agreement dated 16.09.2025 pursuant thereto. As such, respondent nos.2 and 3 state that they have no objection to the quashing of FIR No.245/2022 dated 22.03.2022 qua the petitioners herein. 6.

Further, the petitioners and the respondent nos.2 and 3, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

7.

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 & 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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the aforesaid FIR No.245/2022 dated 22.03.2022 will be an exercise in futility.

8.

Accordingly, the present petition is allowed and the FIR No.245/2022 dated 22.03.2022 registered at PS.: Binda Pur, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom are hereby quashed qua the petitioners herein.

9.

Accordingly, the present petition alongwith pending application is disposed of in the aforesaid terms.

SAURABH BANERJEE, J JANUARY 30, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.