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1949 DAILYLAW 5 (DEL)

RAHUL NAITHANI & ORS. v. THE STATE GOVT OF NCT DELHI & ANR.

W.P.(CRL)/1949/2026 · 2026-08-11

Saurabh Banerjee

Writ Petition (Criminal)body1949

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010285262026 + W.P.(CRL) 1949/2026, CRL.M.A. 19495/2026 RAHUL NAITHANI & ORS. .....Petitioners Through: Mr. Shubham Singh and Mr. Hiren Massey, Advs. alongwith petitioners in person versus THE STATE GOVT OF NCT DELHI & ANR. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma and Ms. Pavitra Dixit, Advs. SI Ved Prakash, PS Jaitpur R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 11.08.2026 1. By virtue of the present petition under Article 226 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.136/2022 dated 14.02.2022 registered at PS.: Jaitpur under Sections 323/498A/506/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement dated 12.12.2024 before the Counselling Cell, Family Courts, Saket (South East), New Delhi, whereby the petitioner no.1 and the respondent no.2 have mutually resolved their disputes. 2. Issue notice. This is a digitally signed order. 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 14/08/2026 at 13:33:23 3. Learned ASC accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4. Learned counsel for respondent no.2 also accepts notice and submits that respondent no.2 has no objection if the present petition is allowed. 5. This Court has further had the occasion of interacting with the petitioners as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid Settlement dated 12.12.2024, wherein it is recorded that out of total settlement amount of Rs.50,000/, the petitioner no.1 has already paid her the settlement amount of Rs.30,000/-. Respondent no.2 confirms that the remaining sum of Rs.20,000/- has been paid to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. They submit that the marriage inter-se the respondent no.2 and petitioner no.1 has since been dissolved by mutual consent under the Hindu Marriage Act, 1955, 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. 6. The petitioners and the respondent no.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer. 7. As noted above, a settlement based on mutual terms between the petitioner no.1 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 This is a digitally signed order. 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 14/08/2026 at 13:33:23 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 futility. 8. Therefore, the present petition is allowed and FIR No.136/2022 dated 14.02.2022 registered at PS.: Jaitpur under Sections 323/498A/506/34 of IPC as also all proceedings emanating therefrom are hereby quashed. 9. Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J AUGUST 11, 2026/rr This is a digitally signed order. 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 14/08/2026 at 13:33:23