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2026 DAILYLAW 12243 (DEL)

AMIT KUMAR v. THE STATE (NCT OF DELHI) & ANR.

CRL.M.C./4940/2026 · 2026-07-17

Saurabh Banerjee

body2026

Judgment text

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$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4940/2026 AMIT KUMAR .....Petitioner Through: Ms. Salini Mahajan, Adv. with petitioner in person versus THE STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh, Advocate SI Nisha, PS.: Vasant Vihar Mr. Rupesh Singh Chauhan, Adv. for R-2 with R-2 present in person (through VC) CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 17.07.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of FIR No.1019/2016 dated 24.11.2016 registered at PS.: Vasant Vihar under Sections 406/498A of the Indian Penal Code,1860 (IPC) and all proceedings emanating therefrom as the petitioner and respondent no.2 have mutually settled all their disputes vide Settlement Deed dated 22.02.2019. 2. Issue notice. 3. Learned APP for the State accepts notice and submits that he has no 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 21/07/2026 at 10:59:12 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 petitioner as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid Settlement Deed dated 22.02.2019, wherein it is recorded that the petitioner has already paid the total settlement amount of Rs.8,00,000/ to the respondent no.2 as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. They submit that the marriage inter-se the respondent no.2 and petitioner 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 their disputes. Respondent no.2 hence submits that she does not wish to continue the aforesaid FIR against the petitioner. 6. The petitioner and the respondent no.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer. 7. As noted above, a settlement based on mutual terms between the petitioner 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) 10 SCC 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 21/07/2026 at 10:59:12 303 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. Accordingly, the present petition is allowed and FIR No.1019/2016 dated 24.11.2016 registered at PS.: Vasant Vihar under Sections 406/498A of the IPC and all proceedings emanating therefrom are hereby quashed. 9. As such, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J. JULY 17, 2026/bh 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 21/07/2026 at 10:59:12