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2026 DAILYLAW 14129 (DEL)

UTTAM MISHRA & ORS. v. THE STATE OF NCT OF DELHI & ANR.

CRL.M.C./4969/2026 · 2026-08-13

Saurabh Banerjee

body2026

Judgment text

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$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010307982026 + CRL.M.C. 4969/2026 UTTAM MISHRA & ORS. .....Petitioners Through: Mr. Sharwan Kumar, Adv. alongwith petitioners in person versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with and Ms. Upasna Bakshi, Advocate SI Philip Lydia, PS Maurice Nagar Mr. Deepak Kumar and Ms.Ratna Patel, Advs. for R-2 alongwith R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 13.08.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.169/2025 dated 08.07.2025 registered at PS.: Maurice Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom. 2. The fresh Memorandum of Understanding dated 13.08.2026 executed inter se the petitioner no.1 and respondent no.2 has been handed over and is taken on record. 3. 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 17/08/2026 at 11:21:07 4. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 5. 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. 6. 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 Memorandum of Understanding dated 13.08.2026, wherein it is recorded that out of total settlement amount of Rs.4,50,000/, the petitioner no.1 has already paid her the settlement amount of Rs.2,25,000/- and the remaining sum of Rs.2,25,000/- has been paid to her by way of a Demand Draft being DD No.016365 dated 10.08.2026 drawn on State Bank of India as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. 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 with the aforesaid FIR against the petitioner. 7. 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. 8. 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. 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 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 17/08/2026 at 11:21:07 & 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. Therefore, the present petition is allowed and FIR No.169/2025 dated 08.07.2025 registered at PS.: Maurice Nagar under Sections 498A/406/34 of IPC as also all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J AUGUST 13, 2026/rr 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 17/08/2026 at 11:21:07