Mahesh Yadav v. The State (NCT Of Delhi) And ANR

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2231/2026, CRL.M.A. 9124/2026 MAHESH YADAV & ANR.

.....Petitioners Through:

Mr. Deepak Kumar, Adv. with petitioner in person versus THE STATE (NCT OF DELHI) AND ANR .....Respondents Through:

Mr. Satish Kumar, APP for State with SI Chetan Panwar, PS.:

Chhawala, Delhi and W/SI Saroj, PS.: Rajouri Garden.

R-2 present in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 25.03.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.351/2016 dated 24.09.2016 registered at PS.: Chhawala SouthWest, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement Agreement dated 28.04.2025 [Annexure P2] arrived between the petitioner no.1 and the respondent no.2 before the Mediation Centre, Dwarka Courts, New Delhi, which is accompanied by their respective proofs of identity.

2.

Issue notice. 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.

3.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement Agreement dated 28.04.2025, whereby out of the total settlement amount of Rs.15,00,000/-, the petitioners have already paid her a sum of Rs.11,00,000/- and a Demand Draft dated 24.03.2026 bearing No.733074 of Rs.4,00,000/- (Punjab National Bank) has been handed over in Court to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. Respondent no.2 further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 04.10.2025, and as such, she has no objection to the quashing of the aforesaid FIR.

4.

The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 5.

Facts disclose that a settlement has already been arrived voluntarily between the parties and the present petition is accompanied by their respective affidavit(s). In view thereof, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. 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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioner will be an exercise in futility.

6.

Thus, the present petition is allowed and FIR No.351/2016 dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

24.09.2016 registered at PS.: Chhawala South-West, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

7.

Accordingly, the present petition, along with the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J MARCH 25, 2026/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.