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High Court of DelhiCRL.M.C./2715/2026

Surender & ORS. v. State Of NCT Of Delhi And ANR.

2026-04-10Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2715/2026, CRL.M.A. 11026/2026 SURENDER & ORS.

.....Petitioners Through:

Mr. Prayag D. Dehrawat, Adv. with petitioners in person.

versus STATE OF NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Satish Kumar, APP for State with Ms. Uapsana Bakshi, Adv.

SI Satbir Singh, PS.: Najafgarh, Delhi Mr.

Amit Dwivedi and Ms.

Samriddhy Jindal, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 10.04.2026 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.495/2021 dated 09.09.2021 registered at PS.: Najafgarh, Delhi under Sections 498A/406/34/377/354 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement dated 09.06.2025 (Annexure P3), whereby the petitioner no.1 and the respondent no.2 have mutually and amicably resolved their disputes before the Mediation Centre, Dwarka Courts, New Delhi. 2.

Issue notice. Learned APP for the State accepts notice and submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 Settlement dated 09.06.2025. She submits that in compliance thereof out of the total settlement amount of Rs.30,00,000/-, the petitioner no.1 has already paid her the settlement amount of Rs.25,00,000/- and a Demand Draft being DD No.696250 dated 06.04.2026 (Bank of Baroda) of Rs.5,00,000/- has been handed over to her today 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(2) of the Hindu Marriage Act, 1995 vide Decree dated 01.09.2025, and as such, she has no objection to the quashing of the aforesaid FIR.

4.

The petitioners and the respondent nos.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 petitioner no.1 and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aforesaid FIR against the petitioners will be an exercise in futility. 6.

Thus, the present petition is allowed and FIR No.495/2021 dated 09.09.2021 registered at PS.: Najafgarh, Delhi under Sections 498A/406/34/377/354 of the IPC and all proceedings emanating therefrom are hereby quashed.

7.

Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J.

APRIL 10, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.