← Library
High Court of DelhiCRL.M.C./3426/2026

Tilak Raj & ORS. v. State Govt. Of NCT Of Delhi And ANR

2026-05-04Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3426/2026, CRL.M.A. 13860/2026 TILAK RAJ & ORS.

.....Petitioners Through:

Ms. Shikha Yadav, Adv. with petitioners in person versus STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Mr. Dinesh Kumar, and Ms. Divya Bakshi, Advocates Mr. Siddhartha Verma and Ms.

Krishpreet Kaur, Advs. for R-2 with R-2 present in person SI Vinod Kumar, PS.: Palam Village, Delhi.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 04.05.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No. 304/2023 dated 15.05.2023 registered at PS.: Palam Village, Delhi under Sections 498A/406/34/354/506 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement dated 16.12.2024 [Annexure P3] arrived between the petitioners and the respondent no.2 before the Counselling Cell, Family Courts, South-West District, Dwarka Delhi, which is accompanied by their respective proofs of identity.

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

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 16.12.2024, whereby the petitioners have already paid her the total settlement amount of Rs.4,50,000/- 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 04.10.2025, 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 parties and the present petition is accompanied by their respective affidavit(s). In view thereof, the parties 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 petitioner will be an exercise in futility.

6.

Accordingly, the present petition is allowed and FIR No. 304/2023 dated 15.05.2023 registered at PS.: Palam Village, Delhi under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

498A/406/34/354/506 of the IPC and all proceedings emanating therefrom are hereby quashed.

7.

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

SAURABH BANERJEE, J MAY 4, 2026/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.