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2026 DAILYLAW 11368 (DEL)

AMIT KUMAR & ORS. v. THE STATE OF NCT OF DELHI AND ANR

CRL.M.C./4549/2026 · 2026-07-06

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4549/2026 AMIT KUMAR & ORS. .....Petitioners Through: Ms. R. Priya, Mr. Akash, Ms.Pooja Tiwari, Mr.Rajan and Ms. Akanksha, Advs. versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP with SI Vijay. Mr. Vikas Tomar, Mr. Sachin Singh Sikarwar and Mr. Vishal Lamba, Advs. for R-2. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.07.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 18871/2026 ( seeking exemption) 2. Allowed, subject to all just exceptions. 3. Application stands disposed of. CRL.M.C. 4549/2026 4. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter referred to as the ‘BNSS’) for quashing of the FIR No. 516/2020, registered at Police Station Mukherjee Nagar, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter referred to as the 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 09/07/2026 at 10:46:16 ‘IPC') and all consequent proceedings emanating therefrom on the basis of settlement arrived at between the parties. 5. Issue notice. The learned APP accepts notice on behalf of the State. 6. All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and the Investigating Officer (IO) concerned, Police Station Mukherjee Nagar, Delhi. 7. Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 25.11.2016, in accordance with Hindu rites and ceremonies. One child namely Ishika was born on 05.11.2017 out of the said wedlock. It is stated that various differences, disputes and issues had arisen between the petitioners and the respondent no. 2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is also stated by respondent No.2 that the entire dispute has been amicably settled between them vide Settlement Deed/Compromise Deed dated 07.03.2026 and they had obtained decree of divorce from the concerned Court on 11.04.2026. 8. Learned counsel for the Petitioners submits that, in terms of the settlement arrived at between the parties, the first two instalments of the settled amount of Rs.18,00,000/- have already been paid to Respondent No.2. He further submits that the third and final instalment of Rs.6,00,000/- has been handed over to Respondent No.2 today in Court by way of Demand Draft bearing No. 000411. It is further submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement. 9. On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into 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 09/07/2026 at 10:46:16 compromise out of her own free will and without any pressure, coercion or threat. She further states that she has received all the payments due to her as per settlement and therefore, she has no objection if the present FIR is quashed. 10. In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11. Accordingly, FIR No. 516/2020, registered at Police Station Mukherjee Nagar, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 12. The present petition, along with pending application, stands disposed of. 13. The order be uploaded on the website forthwith. MADHU JAIN, J. JULY 6, 2026/JYH/Av 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 09/07/2026 at 10:46:16