Pankaj Kandpal v. The State NCT Of Delhi And ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2512/2026, CRL.M.A. 10211/2026 PANKAJ KANDPAL .....Petitioner Through:

Mr. Azizul Hasan and Ms. Shaktika Kulshrestha, Advs.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh, Adv.

Ms. Jyoti and Mr. Shubham Patel, Advs. for R-2 Insp. Satbir Singh, PS: Jaitpur

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 06.04.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of the FIR No.796/2018 dated 27.12.2018 registered at PS.: Jaitpur, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view Settlement Deed dated 07.09.2022 (Annexure P/2), whereby the petitioner and the respondent no.2 have mutually and amicably resolved their disputes and the petition is accompanied by the respective proofs of identities of the parties herein. 2.

Issue notice.

3.

Learned APP for the State accepts notice and submits that he has no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection to the quashing of the aforesaid FIR. 4.

Respondent nos.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement Deed dated 07.09.2022, whereby the petitioner has already paid respondent nos.2 the total settlement amount of Rs.5,00,000/-, 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 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 17.05.2023, and as such, she has no objection to the quashing of the aforesaid FIR.

5.

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

6.

Facts disclose that a settlement has already been arrived voluntarily between the petitioner and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the they 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. 7.

Thus, the present petition is allowed and FIR No.796/2018 dated 27.12.2018 registered at PS.: Jaitpur, Delhi under Sections 498A/406/34 of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the IPC and all proceedings emanating therefrom are hereby quashed. 8.

Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J APRIL 6, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.