KISHAN KANT & ORS. v. THE STATE GOVT OF NCT OF DELHI & ANR.
CRL.M.C./1021/2026 · 2026-07-09
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11518 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11518 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1021/2026, CRL.M.A. 4005/2026
KISHAN KANT & ORS.
...Petitioners Through: Mr. Mohd Azeem, Advocate with petitioners in person
versus
THE STATE GOVT OF NCT OF DELHI & ANR. ...Respondents Through: Mr. Satish Kumar, APP with SI Sudhanshu Singh, PS: Seelampur Mr. Pradeep Kumar, Mr. Shailendra Kumar, Mr. Davinder Sakhye and Ms. Sneha Tyagi, Advocates for R- 2 with R-2 in person (through VC)
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
09.07.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.497/2017 dated 20.08.2017 registered at PS: Seelampur under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and Section 4 of the Dowry Prohibition Act, 1961 (DP Act) and all proceedings emanating therefrom, in view of Mediation Settlement dated 23.04.2019 before the learned Family Court, Karkardooma Courts, New Delhi (Annexure P-2), whereby the petitioners 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 13/07/2026 at 15:23:55
3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.
4.
Learned counsel for the respondent no.2 also accepts notice and submits that the 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, present in Court, as well as the respondent no.2, appearing through video-conferencing, who jointly affirm the terms of the aforesaid Mediation Settlement dated 23.04.2019 whereby the parties have already acted in terms thereof as the petitioners have already paid the respondent no.2 a total sum of Rs.3,50,000/- as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. They further 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, and as such, they wish to put a quietus to the disputes inter se themselves. Respondent no.2 hence submits that she does not wish to continue the aforesaid FIR against the petitioners. 6. The petitioners and the respondent no.2 alongwith their credentials, as on record, have been duly identified by the IO. 7. 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 exercising its inherent powers to quash 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 & 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 13/07/2026 at 15:23:55
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. 8. Therefore, the present petition is allowed and FIR No.497/2017 dated 20.08.2017 registered at PS: Seelampur under Sections 498A/406/34 IPC and Section 4 DP Act, 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 JULY 9, 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 13/07/2026 at 15:23:55