OM PRAKASH AND ORS v. THE STATE NCT OF DELHI AND ANR
CRL.M.C./5209/2026 · 2026-07-27
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13696 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13696 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5209/2026, CRL.M.A. 21873/2026
OM PRAKASH AND ORS.
...Petitioners Through: Mr. Rohit Kumar with Mr. Vijay Kumar, Mr. Gopal, Mr. Tejpal Singh, Mr. Lucky Jaiswal, Advs.
Mr. Sanjay Kr. Sharma, Adv. for Petitioners- 1 to 8. With petitioners in person
versus
THE STATE NCT OF DELHI AND ANR. ...Respondents Through: Mr. Raghuinder Verma, APP with Mr. Aditya Vikram Singh, Adv.
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
27.07.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.1108/2015 dated 03.12.2015 registered at PS: Subhash Place under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement dated 21.01.2017 (Annexure P3) whereby the petitioners and the respondent no.2 have mutually resolved their disputes. 2. Issue notice. 3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 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 30/07/2026 at 14:34:42
4. Respondent no.2 also accepts notice and submits that she 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 present in Court and jointly affirm the terms of the aforesaid Settlement dated 21.01.2017, whereby the petitioners have already paid to the respondent no.2 a total sum of Rs.75,000/- 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 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, they wish to put a quietus to the disputes inter se themselves. Respondent no.2 hence submits that she does not wish to continue with the aforesaid FIR against the petitioners. 6. The petitioners and the respondent no.2 alongwith their credentials, as on record, have been duly identified by the IO. 7. 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 exercising its inherent powers to quash 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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility. 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 30/07/2026 at 14:34:42
8. Therefore, the present petition is allowed and FIR No.1108/2015 dated 03.12.2015 registered at PS: Subhash Place under Sections 498A/406/506/34 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 27, 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 30/07/2026 at 14:34:42