Milan Saxena v. State NCT Of Delhi & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4143/2026, CRL.M.A. 16752/2026 MILAN SAXENA .....Petitioner Through:

Mr. Danish Khan, Proxy Counsel alongwith petitioner in person versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State with SI Babu Lal, SI Udit, PS Ranhola Mr. Rajender Pal Singh, Proxy counsel for R-2 alongwith R-2 in person

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 petitioner seeks quashing of FIR No.262/2019 dated 28.04.2019 registered at PS.: Ranhola, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom in view of the Settlement dated 19.01.2024 [Annexure P5] before the Counselling Cell, Family Courts, arrived at between the petitioner 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. 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 Settlement whereby out of total sum of Rs.7,40,000/-, the petitioner has already paid her a settlement amount of Rs.5,00,000/- and a Demand Draft being DD No.635740 dated 18.03.2026 (Yes Bank Ltd.) of Rs.2,40,000/- has been handed over to the respondent no.2 today 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 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide Decree dated 16.12.2024, and as such, she has no objection to the quashing of the aforesaid FIR.

4.

The petitioner 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 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 petitioner will be an exercise in futility. 6.

Accordingly, the present petition is allowed and FIR No.262/2019 dated 28.04.2019 registered at PS.: Ranhola, 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 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 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.