AJAY KUMAR GUPTA AND OTHERS v. STATE OF NCT OF DELHI & ANR.
CRL.M.C./4958/2026 · 2026-07-17
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12254 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12254 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4958/2026, CRL.M.A. 20794/2026
AJAY KUMAR GUPTA AND OTHERS
.....Petitioners Through: Ms. Aarti Singh, Mr. Amit Kr. Sharma and Mr. Rishi Raj Singh, Advs. with petitioners in person
versus
STATE OF NCT OF DELHI & ANR.
.....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditiya Vikram Singh and Mr. Apoorva Khosla, Advocates. ASI Rajesh Malik, PS.: Crime (Women) Cell Nanak Pura Mr. Pradeep Kumar Mishra, Adv. for R-2 with R-2 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 petitioners seek quashing of FIR No.86/2024 dated 30.10.2024 registered at PS.: Crime (Women) Cell Nanak Pura under Sections 498A/406/34 of the Indian Penal Code,1860 (IPC) and all proceedings emanating therefrom as the petitioner no.1 and respondent no.2 have mutually settled all their disputes vide Memorandum of Understanding dated 08.04.2025.
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 21/07/2026 at 11:00:26
3. Learned APP for the State 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 all are present in Court. They affirm the terms of the aforesaid Settlement Deed dated 11.07.2025, in pursuance whereof, out of total settlement amount of Rs.35,00,000/, the petitioners have already paid her the settlement amount of Rs.30,00,000/- and the remaining sum of Rs.5,00,000/- has been paid to her by way of a Demand Draft being DD No.790028 dated 12.05.2026 drawn on RBL Bank 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 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 their disputes. Respondent no.2 hence submits that she does not wish to continue the aforesaid FIR against the petitioner. 6. 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. 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. 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 11:00:26
8. 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 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. 9.
Accordingly, the present petition is allowed and FIR No.86/2024 dated 30.10.2024 registered at PS.: Crime (Women) Cell Nanak Pura under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed. 10. As such, the present petition, alongwith the pending application, 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 11:00:26