Ashok Shakya & ORS. v. State Of NCT Of Delhi & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

2523/2026, CRL.M.A.

10248/2026, CRL.M.A.

10249/2026 ASHOK SHAKYA & ORS.

.....Petitioners Through:

Mr. Kailash Pd. Pandey, Mr.

Mukesh Kulshrestha and Mr.

Balendra Pd. Tiwari, Advocates with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Mr. Dinesh Kumar and Mr. Aditya Vikram Singh Advocates with SI Chetan Panwar, PS: Chhawla, and SI Kajal Gupta, PS: Sector 16, Rohini Mr. A.N. Aggarwal and Ms. Sonia, Advocates for R-2 with R-2 in person

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, the petitioners seek quashing of FIR No.447/2021 dated 13.09.2021 registered at PS.: Chhawla, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement Agreement/ Mediation Report dated 21.01.2025 [Annexure P4] arrived between the petitioners and the respondent no.2 before the Mediation Centre, Dwarka The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Courts, New Delhi, which is accompanied by their respective proofs of identities.

2.

Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 3.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid the Settlement Agreement/ Mediation Report dated 21.01.2025, whereby she is already in receipt of the total settlement amount of Rs.35,00,000/-, paid by the petitioners as full and final settlement of all her present, past and future claims including alimony, maintenance, share/ right/ title in the property etc. Respondent no.2 further submits that 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 Investigating Officer.

5.

Facts disclose that a settlement has already been arrived voluntarily between the petitioners and respondent no.2 and the present petition is accompanied by the affidavit of respondent no.2 qua the aforesaid 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 petitioners 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.

6.

Thus, the present petition is allowed and FIR No.447/2021 dated 13.09.2021 registered at PS.: Chhawla, 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 APRIL 6, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.