HITESH CHUGH & ORS. v. THE STATE NCT OF DELHI & ANR.
CRL.M.C./4855/2026 · 2026-07-15
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12125 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12125 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4855/2026, CRL.M.A. 20337/2026
HITESH CHUGH & ORS.
.....Petitioners Through: Mr. Anil Kumar Gupta, Advocate with Petitioner in person
versus
THE STATE NCT OF DELHI & ANR.
.....Respondents Through: Mr. Satish Kumar, APP for the State
Mr. Aman Durga & Mr.Aniruddh Khandelwal Advs for R-2 with R-2 in person (through VC)
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
15.07.2026
Advocates are abstaining from work on account of the strike by DHCBA.
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.366/2016 dated 21.10.2016 registered at PS: South Rohini under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement Deed dated 16.02.2026 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 17/07/2026 at 11:10:10
3. Learned ASC 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 as well as the respondent no.2, who are all appearing through video conferencing. They affirm the terms of the aforesaid Settlement Deed dated 16.02.2026, whereby the petitioners have already paid the respondent no.2 a total sum of Rs.19,00,000/- 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 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, the parties have agreed to put a quietus to all their disputes. 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 as well as their credentials, as on record, have been identified by the concerned IO. 7. As noted above, 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 quashing 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 & Anr.: (2012) 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 17/07/2026 at 11:10:10
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.366/2016 dated 21.10.2016 registered at PS: South Rohini under Sections 498A/406/ 34 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 JULY 15, 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 17/07/2026 at 11:10:10