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High Court of DelhiCRL.M.C./4303/2026

Abhishek Arya & ORS. v. The State (NCT Of Delhi) & ANR.

2026-05-29Hon'Ble Mr. Justice Saurabh Banerjee2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4303/2026, CRL.M.A. 17355/2026 ABHISHEK ARYA & ORS.

.....Petitioners Through:

Mr. Sachin Kumar Sharma and Ms.

Preeti Mishra, Advs.

with petitioners in person versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Ms. Apoorva Khosla, Advocates.

R-2 present in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 29.05.2026 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.296/2020 dated 29.06.2020 registered at PS: Laxmi Nagar, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom in view of the Settlement Agreement dated 26.07.2025 [Annexure P3], arrived at between petitioner no.1 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 she 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 Agreement dated 26.07.2025. She submits that the petitioners have already paid her the total settlement amount of Rs.18,00,000/- as full and final settlement of all her present, 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 01/06/2026 at 11:26:44

past and future claims including alimony, maintenance, etc. She 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 19.01.2026, 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.296/2020 dated 29.06.2020 registered at PS: Laxmi Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom are hereby quashed.

7.

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

SAURABH BANERJEE, J.

MAY 29, 2026/bh 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 01/06/2026 at 11:26:44