Atul Choudhery And ORS v. State Govt Of NCT And ANR

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3194/2026 ATUL CHOUDHERY AND ORS .....Petitioners Through:

Mr. Akhil Ranan and Mr. Utkarsh Sharma, Advs.

versus STATE GOVT OF NCT AND ANR .....Respondents Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Adv.

Mr. Karan Singh, Adv. for R-2 SI- Saurabh Kumar, PS: Shalimar Bagh

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 27.04.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.467/2025 dated 07.08.2025 registered at PS: Shalimar Bagh, Delhi under Sections 498A/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Memorandum of Understanding dated 13.03.2026 (MoU) [Annexure A2] arrived between the petitioner no.1 and the respondent no.2, which is accompanied by their respective proofs of identity.

2.

Issue notice.

3.

Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4.

Respondent no.2, present in Court also accepts notice and submits that she and the petitioner no.1 are now living together amicable since February 2026 and she also affirms the terms of the aforesaid MoU, 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 29/04/2026 at 12:43:30

whereby, the petitioner no.1 has agreed to pay Rs.10,000/- per month to her as maintenance and the petitioner no.1 shall also bear all expenses related to the child Mr. Hirdyansh Choudhery, as are mentioned therein. 5.

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.

6.

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 aforesaid FIR against the petitioners will be an exercise in futility. 7.

Accordingly, the present petition is allowed and FIR No.467/2025 dated 07.08.2025 registered at PS.: Shalimar Bagh, Delhi under Sections 498A/34 IPC and all proceedings emanating therefrom are hereby quashed.

8.

As such, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J APRIL 27, 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 29/04/2026 at 12:43:30