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High Court of DelhiCRL.M.C./3081/2026

Sunil Kumar And ANR. v. The State Of NCT Delhi And ANR.

2026-05-25Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3081/2026, CRL.M.A. 12540/2026 SUNIL KUMAR AND ANR.

.....Petitioners Through:

Mr. Danish Khan, Proxy Counsel with Petitioners in person versus THE STATE OF NCT DELHI AND ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State with SI North Rohini with R-2

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 25.05.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom in view of the Settlement dated 07.10.2025 [Annexure B] arrived at before the Counselling Cell, Family Courts, North West, Rohini Courts, Delhi between the petitioners and respondent no.2, 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. 3.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement dated 07.10.2025 whereby out of total sum of Rs.3,50,000/-, the petitioners has already paid her a settlement amount of Rs.2,00,000/- and two Demand Drafts being DD No.011620 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 02.05.2026 of Rs.1,20,000/- and DD No.012002 dated 22.05.2026 of Rs.30,000/- (Axis Bank, Branch-Sector-24, Rohini, New Delhi) have been handed over to the respondent no.2 today in Court 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, 1955 vide Decree dated 23.05.2025, 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 petitioners 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.

Accordingly, the present petition is allowed and FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

As such, the present petition, alongwith the pending application is disposed of in the aforesaid term.

SAURABH BANERJEE, J MAY 25, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.