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2025 DAILYLAW 5835 (DEL)

HIMANSHU BANSAL ALIAS HIMANSHU & ORS. v. STATE NCT OF DELHI & ANR.

CRL.M.C./1756/2025 · 2026-08-13

Madhu Jain

body2025

Judgment text

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$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010130122025 + CRL.M.C. 1756/2025 HIMANSHU BANSAL ALIAS HIMANSHU & ORS. .....Petitioners Through: Mr. Rajat Katyal and Mr. Harsh Sinha and Ms. Anushka Verma, Advs. Petitioner no.1-in-person (through VC) Petitioner no.2-in-person. Petitioner no.3-in-person (through VC) versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Manoj Pant, APP for State. Mr. Nishant Mandal, Adv. for R2 with Respondent no. 2 in person. SI Rachna, PS Keshav Puram. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 13.08.2026 1. This hearing has been done through hybrid mode. 2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the Petitioners seek quashing of FIR No. 943/2022, registered at Police Station Keshav Puram, for the offences punishable under Sections 498A, 406, 354 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), with Sections 376, 506, 509 and 323 IPC having subsequently been invoked 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 17/08/2026 at 11:23:13 in the chargesheet, along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties. 3. Issue Notice. Learned APP for the State accepts notice on behalf of the state. 4. Petitioner Nos. 1, 3 and 4 are present through video conferencing, while Petitioner No. 2 and Respondent No. 2 are present in Court. They have been duly identified by their respective learned counsel as well as the Investigating Officer (IO) concerned. 5. Briefly stated, the marriage between Petitioner No. 2 and Respondent No. 2 was solemnized on 26.06.2022 in accordance with Hindu rites and ceremonies. Out of the said wedlock, no child was born. Owing to matrimonial discord and temperamental differences, the parties started residing separately with effect from 01.08.2022. Thereafter, Respondent No. 2 lodged the present FIR against the Petitioners. During the pendency of the proceedings, with the intervention of family members and other respectable persons, the parties amicably resolved all their disputes and executed a Memorandum of Understanding/Settlement dated 15.10.2024. Pursuant thereto, the marriage between Petitioner No. 2 and Respondent No. 2 was dissolved by a decree of divorce by mutual consent dated 05.12.2024 passed by the learned Family Court, Shahdara District, Karkardooma Courts, Delhi. 6. Learned counsel for the petitioners submits that, in terms of the Memorandum of Understanding/Settlement dated 15.10.2024, the parties agreed to settle all their disputes for a total sum of Rs. 25,00,000/-. Out of the said amount, Rs. 20,00,000/- has already been paid to Respondent No. 2 in two tranches of Rs.10,00,000/- each. The balance amount of Rs. 5,00,000/- 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 17/08/2026 at 11:23:13 (Rupees Five Lakhs only) has been handed over to Respondent No. 2 today in Court by way of Demand Draft bearing No. 887831. With the said payment, the entire settlement amount stands paid and nothing further remains to be paid under the settlement. 7. On a query made by this Court, Respondent No. 2 states that she has entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed. 8. In view of the fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved by a decree of divorce by mutual consent, the entire settlement amount has been paid, and Respondent No. 2 has no objection to the quashing of the FIR, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment in quashing the present FIR. 9. Accordingly, FIR No. 943/2022, registered at Police Station Keshav Puram, for the offences punishable under Sections 498A, 406, 354 and 34 IPC, with Sections 376, 506, 509 and 323 IPC having subsequently been invoked in the chargesheet, and all consequential proceedings emanating therefrom, are hereby quashed. 10. The present petition, along with pending application(s), if any, stands disposed of. 11. Copy of the order be communicated to the concerned learned Trial Court for necessary information and compliance. 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 17/08/2026 at 11:23:13 12. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 13, 2026/b/m 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 17/08/2026 at 11:23:13