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High Court of DelhiCRL.M.C./1617/2026

Gaurav Rastogi & ORS. v. State Of NCT Of Delhi And ANR.

2026-02-27Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1617/2026, CRL.M.A. 6571/2026 GAURAV RASTOGI & ORS.

.....Petitioners Through:

Mr. Gautam Panjwani and Mr.

Mayank Rana and Ms. Ishpreet Kaur, Advocates with petitioners in person (Through VC).

versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP with the Investigating Officer.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 27.02.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.21/2021 dated 16.07.2021 registered at PS.: Crime (Women) Cell Nanakpura, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement Deed dated 16.09.2025 [Annexure A3] arrived at between the petitioner no.1 and the respondent no.2 before the Mediation Centre, Saket Courts, Delhi, and is accompanied by their respective proofs of identities. 2.

Issue notice.

3.

Learned APP for the State accepts notice, and she submits that she 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.

4.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement dated 16.09.2025 and a Demand Draft bearing number 006812 dated 26.02.2026 of Rs.16,00,000/- (HDFC Bank) towards the balance of the settlement amount has been handed over to her in Court as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. She further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 vide judgment/ decree dated 22.12.2025, and she has no objection to the quashing of the aforesaid.

5.

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.

6.

Since, a Settlement has already been arrived at voluntarily between the parties, as also since, accompanying affidavit(s) of the parties involved have also been filed herewith, the parties shall remain bound by all the terms and conditions thereof. 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, continuation of the aforesaid FIR against the petitioners will be an exercise in futility.

7.

Accordingly, the petition is allowed and FIR No.21/2021 dated 16.07.2021 registered at PS.: Crime (Women) Cell Nanakpura, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

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

SAURABH BANERJEE, J FEBRUARY 27, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.