Hari Shankar Kumar Jha v. State Govt Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HARI SHANKAR KUMAR JHA .....Petitioner Through:

Counsel (appearance not given) Petitioner (in-person) versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP for State.

SI Nikki, P.S.: Mohan Garden, Delhi.

Respondent No.2 (in-person)

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 08.01.2026 CRL.M.A. 499/2026 (condonation of 39 days' delay in re-filing) By way of the present application filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS'), the applicant/petitioner seeks condonation of about 39 days' delay in refiling the quashing petition. 2.

For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.

3.

The application is allowed.

4.

The application is disposed-of.

5.

By way of the present petition filed under section 528 of the BNSS, the petitioner seeks quashing of case FIR No. 245/2022 dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.04.2022 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mohan Garden, Dwarka, Delhi. 6.

The petition is premised on Memorandum of Understanding/Settlement dated 15.07.2025.

7.

The petition is supported by affidavits of the petitioner, as also of respondent No. 2, alongwith proof of their IDs. 8.

The petitioner 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.

9.

The parties are stated to have resolved all their disputes amicably and in view of the settlement, respondent No.2 has re-joined the company of petitioner No. 1 on 15.07.2025 and they have been living together since, alongwith their 04-year-old son.

10.

Ms. Richa Dhawan, learned APP confirms that the State has no objection to the subject FIR being quashed.

11.

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. 12.

Accordingly, case FIR No. 245/2022 dated 12.04.2022 registered under sections 498-A/406/34 of the IPC at P.S.: Mohan Garden, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Dwarka, Delhi is quashed. All proceedings arising therefrom also stand closed.

13.

Petition stands disposed-of.

14.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JANUARY 8, 2026 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.