Vimal Kumar & ORS. v. State Of NCT Of Delhi & ANR.

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1508/2026, CRL.M.A. 6089/2026 VIMAL KUMAR & ORS.

.....Petitioners Through:

Mr. Mohit Mehlawat, Adv. with petitioner no.1 in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh, Advocate and SI Mukesh Kumar, PS.: Khyala with ASI Rakesh, PS.: Dwarka (South).

Mr. Akash Mishra, Adv. with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 24.02.2026 1.

By virtue of the present petition under Section 482 of the Code of Criminal Procedure, 1973 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.366/2017 dated 20.12.2017 registered at PS: Khyala under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC), and all proceedings emanating therefrom, in view of the settlement between the petitioners and the respondent no.2 before the learned M.M. (Mahila Court), Tis Hazari Courts, Delhi, whereby the private parties have settled all their disputes and are now residing together cordially.

2.

Issue notice.

3.

Learned APP for the State accepts notice, and submits that he has no objection to the quashing of the aforesaid FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 12:20:37

4.

Respondent no.2, present in Court, also accepts notice and affirms that the disputes inter se her and the petitioners have been settled before the learned M.M., and as such, since she is now residing in harmony with the petitioners, she has no objection to the quashing of the aforesaid FIR. 5.

The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 6.

As per facts, a settlement has already been arrived at voluntarily between the parties, and accompanying affidavit(s) of the parties involved herein to that effect have also been filed herewith. Considering the matrimonial dispute has been settled in ter se the parties as also for the well-being of the minor child born out of the wedlock between the petitioner no.1 and respondent no.2, 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, continuation of the aforesaid FIR against the petitioners will be an exercise in futility, and it would be in the interest of justice as well.

7.

Accordingly, the petition is allowed and FIR No.366/2017 dated 20.12.2017 registered at PS: Khyala under Sections 498A/406/34 IPC and all proceedings emanating therefrom are hereby quashed. 8.

Accordingly, the petition, alongwith the pending application, is disposed of.

SAURABH BANERJEE, J.

FEBRUARY 24, 2026/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2026 at 12:20:37