VIJENDER @ GAURAV & ORS. v. GOVT. OF NCT OF DELHI & ANR.
CRL.M.C./5003/2026 · 2026-07-20
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12951 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12951 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5003/2026 VIJENDER @ GAURAV & ORS. .....Petitioners Through: Ms. Gita Dhingra, Adv. Petitioners in person versus GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP ASI Manjeet, PS Gazipur R2 in person
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 20.07.2026
1. This hearing has been done through hybrid mode.
2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) the petitioners seek quashing of FIR No. 43/2021, registered at Police Station Gazipur, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties.
3. The Petitioners and Respondent No.2 are present before this Court and have been identified by the Investigating Officer (IO) concerned.
4. Briefly stated,the present FIR was registered pursuant to matrimonial disputes between Petitioner No. 1 and Respondent No. 2 under Sections 498A/406/34 IPC. During the pendency of various litigations, the parties 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 24/07/2026 at 12:04:11
amicably resolved all their disputes before the Delhi High Court Mediation and Conciliation Centre through a Settlement Agreement dated 13.01.2026, obtained a decree of divorce by mutual consent, and withdrew all other pending cases. In view of the settlement, the petitioners seek quashing of the present FIR and all proceedings arising therefrom.
5.
Learned counsel for the Petitioners submits that, in terms of the settlement arrived at between the parties, the entire settled amount of Rs.6,50,000/- (Rupees Six Lakhs, fifty thousand only) out of which Rs. 6,00,000/- (Rupees Six Lakhs only) has been paid to Respondent No.2. He submits that the balance amount of Rs.50,000/- (Rupees fifty thousand only) has been handed over to Respondent No.2 today in Court by way of Demand Draft bearing No.508092. 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.
6. Learned APP for the State opposes the present petition.
7. On a query made by this Court, Respondent No.2, who has been duly identified by the IO, categorically states that she has entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed.
8. In view of the fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved by a decree of divorce by mutual consent, the entire settlement amount has been paid, and Respondent No.2 has no objection to the quashing of the FIR, no useful purpose would be 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 24/07/2026 at 12:04:11
served in continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case.
9. Accordingly, FIR No. 43/2021, registered at Police Station Gazipur, Delhi for the offences punishable under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom, are hereby quashed.
10. The present petition, along with pending application(s), if any, stands
disposed of.
11. The order be uploaded on the website forthwith.
MADHU JAIN, J JULY 20, 2026/ys/rm 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 24/07/2026 at 12:04:11