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2026 DAILYLAW 12993 (DEL)

VIVEK YADAV & ORS. v. STATE OF NCT OF DELHI & ANR.

CRL.M.C./4979/2026 · 2026-07-20

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4979/2026 VIVEK YADAV & ORS. .....Petitioners Through: Mr. Abdul Wasih, Mr. M.S. Husain, Mr. Kamran Azam, Mr. Furkan Ali Mirza, Mr. Asim Kirmani, Mr. Haris Ahmad, Advs. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State. SI Parmod (Mb: 8447340211) ASI Sunita, PS Kapashetra (Mb: 9818870444) Respondent no.2-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. CRL.M.A. 20878/2026 (exemption) 2. Allowed subject to all just exceptions. The application is disposed of. CRL.M.C. 4979/2026 3. 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. 512/2023, registered at Police Station Kapashera, South West Delhi under Sections 498A/406/34 of the Indian Penal Code,1860 (hereinafter referred to as the ‘IPC’), along with all consequential 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 12:04:12 proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties. 4. The Petitioner and complainant/respondent no. 2 are present before this Court and have been identified by the Investigating Officer (IO) concerned. 5. The present FIR was registered pursuant to matrimonial disputes between Petitioner No. 1 and Respondent No. 2. Subsequently, the parties amicably resolved all their disputes through a Settlement Deed dated 17.11.2025, withdrew all pending litigations, and obtained a decree of divorce by mutual consent on 12.02.2026. 6. Learned counsel for the Petitioners submits that the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement. 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 served in continuing the criminal proceedings. Rather, continuation thereof 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 12:04:12 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. 512/2023, registered at Police Station Kapashera, South West 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/b/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 12:04:12