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Abhishek Kumar and Others v. The State Govt. of NCT of Delhi and Anr

Court
High Court of Delhi
Decided
31 August 2026
Bench
Saurabh Banerjeeauthor
Case no.
CRL.M.C. 5555/2026

Judgment

O R D E R %

31.08.2026

¶1Copy of fresh Settlement Deed dated 06.08.2026 handed over by the learned counsel for the petitioners is taken on record.

¶2By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.35/2022 dated 10.09.2022 registered at PS.: Crime (Women) Cell, Nanakpura under Sections 498A/406/34 of the Indian Penal Code, 1860

(IPC) and all proceedings emanating therefrom, in view of Settlement Deed dated 06.08.2026, whereby the petitioners and the respondent no.2 have mutually resolved their disputes.

¶3Issue notice. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶4Learned APP accepts notice and submits that she has no objection to the quashing of the aforesaid FIR.

¶5Learned counsel for respondent no.2 also accepts notice and submits that the respondent no.2 has no objection if the present petition is allowed.

¶6This Court has further had the occasion of interacting with the petitioners as well as the respondent no.2, who all are present in Court, who affirm the terms of the aforesaid Settlement Deed dated 06.08.2026. They also submit that the marriage inter se the respondent no.2 and petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide decree of divorce dated 05.07.2025, and as such, the parties have agreed to put a quietus to their disputes. Respondent no.2 hence submits that she does not wish to continue with the aforesaid FIR against the petitioners.

¶7The petitioners and the respondent no.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer.

¶8As noted above, a settlement based on mutual terms between the petitioners and the respondent no.2 is the basis of filing the present petition, which is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the present is a fit case for quashing the aforesaid FIR. Accordingly, as also 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, and also since there is nothing left to corroborate and prove the case of the prosecution, continuation of the present FIR will be an exercise in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. futility.

¶9Therefore, the present petition is allowed and FIR No.35/2022 dated

10.09.2022 registered at PS.: Crime (Women) Cell, Nanakpura under Sections 498A/406/34 of IPC as also all proceedings emanating therefrom are hereby quashed.

¶10Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J. AUGUST 31, 2026/So

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Case details

Parties and counsel

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010348162026 + CRL.M.C. 5555/2026 ABHISHEK KUMAR AND OTHERS .....Petitioners Through: Ms. Kusum, Advocate with petitioners in person versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State SI Sher Singh, PS: CWC/ Nanakpura Ms. Somiya, Mr. Pawandeep, Advocate for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.