Anil Kumar Chaudhary & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1860/2025 ANIL KUMAR CHAUDHARY & ORS.
.....Petitioners Through:
Mr. Hari Shankar Singh, Mr. Akshit Aggarwal and Mr. Raju Kumar, Advocates versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Rahul Tyagi, ASC for the State.
SI Mahesh Kumawat, P.S.: Bhalswa Dairy.
Respondent No.2 (in-person)
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 24.02.2026 CRL.M.A. 17454/2025 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.
W.P.(CRL) 1860/2025 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No.0455/2019 dated 29.07.2019 registered under sections W.P.(CRL) 1860/2025 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Bhalswa Dairy, Outer North, Delhi.
2.
The petition is premised on Memorandum of Understanding ('MoU') dated 05.08.2023; and Divorce Decree dated 08.12.2023, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.
3.
The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4.
The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.
5.
The parties have confirmed that one child, viz. Surya Dev Chaudhary, was born from the wedlock, who is minor as of date. 6.
No appeal is stated to have been filed from the divorce decree. 7.
The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that the MoU has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 2,00,000/- from petitioner No. 1; out of which Rs. 1,50,000/- was paid earlier and Rs. 50,000 /- has been paid in court today, in compliance of the terms of the MoU. Respondent No. 2 confirms that all aspects of the settlement have now been performed.
W.P.(CRL) 1860/2025 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Mr. Rahul Tyagi, learned ASC confirms that the State has no objection to the subject FIR being quashed.
9.
In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10.
Though the MoU also records that the minor child shall remain in the custody of respondent No.2 and petitioner No.1 shall have visitation rights once in a year, it is made clear that nothing in this settlement agreement would affect the right of the minor children to meet his father, if and when he so desires, subject to logistical convenience of the parties.
11.
Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor/major child, viz., Surya Dev Chaudhary vis-à-vis their parents, as may be available under law, in any manner whatsoever. 12.
Accordingly, FIR No.0455/2019 dated 29.07.2019 registered under sections 498-A/406/34 of the IPC at P.S.: Bhalswa Dairy, Outer North, Delhi is quashed. All proceedings arising therefrom also stand closed.
W.P.(CRL) 1860/2025 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
13.
Petition stands disposed-of.
14.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 24, 2026 ss W.P.(CRL) 1860/2025 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.