Gaurav Goel & ORS. v. State Of NCT Of Delhi & ANR.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3979/2026, CRL.M.A. 16128/2026 GAURAV GOEL & ORS.

.....Petitioners Through:

Mr. Alok Sinha and Mr. Ruchesh Sinha, Advs. with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Ms. Divya Bakshi, Mr. Aditya Vikram Singha and Mr.

Gourav Singh, Advocates SI Pardeep Kr., PS: Rajouri Garden Mr. Aakash Saini, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 19.05.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.402/2024 dated 26.07.2024 registered at PS.: Rajouri Garden, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom on the ground that the petitioner no.1 and respondent no.2 have mutually settled their disputes vide Memorandum of Understanding (MoU) dated 13.05.2026 (Annexure A2), and are now living together at their matrimonial home. 2.

Issue notice. Learned APP for the State accepts notice, and submits, that he has no objection to the quashing of the aforesaid FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid MoU dated 13.05.2026. She submits that she and petitioner no.1 have amicably settled/ resolved all their disputes and are now happily living together with their minor child 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, who has also stated that the respondent no.2 and petitioner are living together.

5.

Facts disclose that a settlement has already been arrived voluntarily between the petitioner no.1 and the respondent no.2, and they have expressed their clear intention and taken steps towards resuming their matrimonial life, as they are now residing together alongwith their minor child in peace and harmony, as also the present petition is accompanied by affidavit(s) of the private parties qua the said effect. 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 petitioners will be an exercise in futility. 6.

Lastly, as a gesture of goodwill, the petitioners undertake to donate some amount as per their will and standard to PALNA, Delhi Council for Child Welfare, Head Office, Qudsia Bagh, Yamuna Marg, Civil Lines, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi 110 054 [Tel: +91-11-23968907/ 23944655, 7303486155], within a period of four weeks.

7.

Thus, the present petition is allowed and FIR No.402/2024 dated 26.07.2024 registered at PS.: Rajouri Garden, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

8.

Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J MAY 19, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.