SHIV KUMAR & ORS. v. THE STATE OF NCT OF DELHI & ANR.
CRL.M.C./5609/2026 · 2026-08-04
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14976 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14976 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010352002026 + CRL.M.C. 5609/2026 & CRL.M.A. 23406/2026 SHIV KUMAR & ORS. .....Petitioners Through: Ms. Tanya Agarwal, Mr. Vishal Manya, Mr. Mohd. Bilal, Advs. Petitioners-in-person versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP SI Shivpal Singh, PS Punjabi Bagh Mr. M.S. Bammi, Adv. for R2 along with R2 in person (Through VC) CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 04.08.2026
1. This hearing has been done through hybrid mode. 2. By way of the present petition the petitioners are seeking quashing of FIR No. 835/2015, registered at Police Station Punjabi Bagh, Delhi, for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and all consequential proceedings emanating therefrom on the basis of the settlement arrived at between the parties. 3. Issue notice. 4. The learned APP accepts notice on behalf of the State. 5. The petitioners are present before this Court and Respondent no. 2 have joined the proceedings through video conferencing along with her counsel and 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 06/08/2026 at 12:07:00
have been identified by her counsel and the Investigating Officer. 6. Briefly stated, the marriage between Petitioner No.1 and Respondent No.2 was solemnized on 11.12.2013 in accordance with Hindu Rites and ceremonies. Out of the said wedlock, a son namely, Master Hitansh was born on 16.10.2024. Owing to matrimonial discord, the parties started residing separately with effect from 01.12.2014. Thereafter, Respondent No.2 lodged the present FIR against the Petitioners. During the pendency of the proceedings, with the intervention of family members and other respectable persons, the parties amicably resolved all their disputes before the Mediation Centre, Tis Hazari District Courts, Delhi and executed a Settlement Agreement dated 23.07.2024. Pursuant to the settlement, a decree of divorce by mutual consent was granted on 15.04.2025 by the learned Principle Judge, Family Courts, Tis Hazari Courts, West District, Delhi. 7.
On a query put by this Court, Respondent No.2, who has been duly identified by the Investigating Officer, categorically states that she has entered into the Settlement Agreement dated 23.07.2024 of her own free will, without any force, coercion or undue influence. She further states that all the terms of the settlement have been fully complied with and that she has no surviving claim whatsoever against the petitioners. She has no objection if the present FIR and all consequential proceedings arising therefrom are quashed. 8. In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There 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 06/08/2026 at 12:07:00
is no legal impediment in quashing the FIR in question. 9. Accordingly, FIR No. 835/2015, registered at Police Station Punjabi Bagh, Delhi, for the offences punishable under Sections 498A/406/34 of the IPC along with all consequential proceedings emanating therefrom, is hereby quashed. 10. The present petition is disposed of. Pending application(s), if any, also stand(s) disposed of. 11. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 4, 2026/ys/P 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 06/08/2026 at 12:07:00