Rajeev Nayan And ORS. v. The State Govt. Of NCT Delhi

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1170/2026 & CRL.M.A. 4688/2026 RAJEEV NAYAN AND ORS.

.....Petitioners Through:

Mr. Ram Nath Singh Kushwaha, Adv.

versus THE STATE GOVT. OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State with Mr. Upasna Bakshi and Ms. Divya Bakshi, Advs.

SI- Kunal and ASI- Virendra Singh, PS: Bindapur Ms. Megha Saxena and Mr. Aditya Kashyap, Advs. for R-2 along with the R-2

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 11.02.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.0274/2022 dated 05.04.2022 registered at PS: Bindapur, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement/ Mediation deed dated 05.02.2024 arrived at between the petitioner no.1 and the respondent no.2.

2.

The present petition is accompanied by the said Settlement/ Mediation Deed dated 05.02.2024 [Annexure P2] alongwith the respective proofs of identities of the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Issue notice.

4.

Learned APP for the State accepts notice. He submits that he has no objection to the quashing of the aforesaid FIR No.0274/2022 dated 05.04.2022.

5.

Respondent no.2, present in Court, also accepts notice and confirms that the marriage of the petitioner no.1 and respondent no.2 has been dissolved vide Decree of passed under Section 13B(2) of the Hindu Marriage Act, 1955 dated 02.04.2025. She further affirms the terms of the Settlement/ Mediation Deed dated 05.02.2024 whereby the petitioner no.1 has already paid her a sum of Rs.12,00,000/- as full and final settlement of all her claims including alimony, maintenance (present, past and future), etc. She further states that she has no objection to the quashing of present FIR.

6.

Further, the petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

7.

As a Settlement has already been arrived at between the parties, they shall remain bound by all the terms and conditions contained therein. In view thereof, as the parties have willingly settled all their disputes which gave rise to the present FIR, there is no reason for the present FIR to be kept pending. 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 aforesaid FIR will be an exercise in futility. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Accordingly, the petition is allowed and FIR No.0274/2022 dated 05.04.2022 registered at PS.: Bindapur. Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed. 9.

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

SAURABH BANERJEE, J FEBRUARY 11, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.