Wajul Haque & ORS. v. The State (Govt Of NCT Delhi) & ANR.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1180/2026, CRL.M.A. 11239/2026 WAJUL HAQUE & ORS.

.....Petitioners Through:

Counsel (appearance not given versus THE STATE (GOVT OF NCT DELHI) & ANR. .....Respondents Through:

Mr. Sanjay Lao, ASC

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.04.2026 1.

By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of the FIR No.440/2023 dated 12.08.2023 registered at PS.: Mehrauli under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Memorandum of Understanding (MoU) dated 27/02/2026 (Annexure B), whereby the petitioner no.1 and the respondent no.2 have mutually and amicably resolved their disputes. 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 MoU dated 27/02/2026. She submits that in compliance thereof out of the total settlement amount of Rs.3,00,000/-, the petitioner no.1 has already paid her the settlement amount of Rs.2,00,000/- and a Demand Draft being DD No.888364 dated 06.01.2026 (Punjab National Bank, Manav Rachna Intl. University, Faridabad) of Rs.1,00,000/- has been handed over to her today as full and final settlement of all her present, past and future claims including alimony, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/04/2026 at 13:37:00

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 14.07.2025, 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 Investigating Officer.

5.

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, 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. 6.

Thus, the present petition is allowed and FIR No.440/2023 dated 12.08.2023 registered at PS.: Mehrauli under Sections 498A/406/34 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 13, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/04/2026 at 13:37:00