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2026 DAILYLAW 11140 (DEL)

HEMANT KUMAR SHARMA & ORS. v. STATE OF N CT OF DELHI & ANR.

CRL.M.C./4529/2026 · 2026-07-03

Saurabh Banerjee

body2026

Judgment text

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$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4529/2026, CRL.M.A. 18767/2026 HEMANT KUMAR SHARMA & ORS. .....Petitioners Through: Mr. Himanshu Garg, Adv. with petitioners in person versus STATE OF N CT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP with Mr. Aditya Vikram Singh, Adv. Mr. Sumnesh Kr, Adv. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 03.07.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.654/2019 dated 18.12.2019 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Mediation Settlement dated 20.09.2025 before the Mediation Centre, Saket Courts, New Delhi (Annexure P4), whereby the petitioner no.1 and the respondent no.2 have mutually resolved their disputes. 2. Issue notice. 3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4. Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Mediation Settlement dated 20.09.2025. She 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 07/07/2026 at 11:17:46 submits that in compliance thereof, out of total settlement amount of Rs.5,00,000/-, the petitioner no.1 has already paid her the settlement amount of Rs.4,00,000/- and the remaining sum of Rs.1,00,000/- has been paid to her by way of UPI (Transaction ID-125678465740) as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. She further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide Decree dated 22.01.2026, and as such, she has no objection to the quashing of the aforesaid FIR. 5. 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. 6. Facts disclose that a settlement has already been arrived voluntarily between the petitioner no.1 and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, 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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility. 7. Thus, the present petition is allowed and FIR No.654/2019 dated 18.12.2019 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 of the IPC as also all proceedings emanating therefrom are hereby 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 07/07/2026 at 11:17:46 quashed. 8. Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J JULY 3, 2026/So 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 07/07/2026 at 11:17:46