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2026 DAILYLAW 14517 (DEL)

ABHISHEK AND ORS v. STATE (NCT OF DELHI) AND ANR.

CRL.M.C./6128/2026 · 2026-08-20

Saurabh Banerjee

body2026

Judgment text

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$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010388992026 + CRL.M.C. 6128/2026, CRL.M.A. 25640/2026 ABHISHEK AND ORS .....Petitioners Through: Mr. Nishant Mandal, Advocate with petitioners in person versus STATE (NCT OF DELHI) AND ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP with SI Nitesh Mahiya, PS: Sagarpur Mr. LK Passi, Mr. Ruby, Ms. Priyanka Singh, Advocates for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 20.08.2026 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.86/2023 dated 30.01.2023 registered at PS.: Sagarpur under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement Deed dated 04.06.2026 before the Delhi Mediation Centre, Patiala House Courts, New Delhi, whereby the petitioner no.1 and the respondent no.2 have mutually resolved their disputes. 2. Issue notice. 3. Learned APP accepts notice and submits that she 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 22/08/2026 at 10:09:12 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 04.06.2026, wherein it is recorded that out of total settlement amount of Rs.9,25,000/-, the petitioner no.1 has already paid her the settlement amount of Rs.8,00,000/- and the remaining sum of Rs.1,25,000/- has been paid to her today by way of a Demand Draft being DD No.223758 dated 27.04.2026 (revalidated till 27.10.2026) drawn on Bank of Maharashtra, 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 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 with the aforesaid FIR against the petitioners. 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 petitioner no.1 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 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 22/08/2026 at 10:09:12 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. 8. Therefore, the present petition is allowed and FIR No.86/2023 dated 30.01.2023 registered at PS.: Sagarpur under Sections 498A/406/34 of the IPC as also all proceedings emanating therefrom are hereby quashed. 9. Accordingly, the present petition, alongwith pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J AUGUST 20, 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 22/08/2026 at 10:09:12