RAHUL KUMAR & ANR. v. THE STATE GOVT. OF NCT OF DELHI AND ANR.
CRL.M.C./5644/2026 · 2026-08-05
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15079 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15079 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010355402026 + CRL.M.C. 5644/2026 CRL.M.A. 23584/2026 RAHUL KUMAR & ANR. .....Petitioners Through: Ms. Aditi Pancharia, Adv. along with petitioners through VC. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP with ASI Satyapal and SI Sumit, PS Jagat Puri. Respondent No.2 present through VC.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 05.08.2026
1. This hearing has been done through hybrid mode.
2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') read with Article 226 of the Constitution of India, the petitioners seek quashing of FIR No.381/2024, registered at Police Station Jagat Puri, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties.
3. Issue notice. Learned APP accepts notice on behalf of the State.
4. Both the parties have appeared through Video Conferencing and have 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 07/08/2026 at 11:31:02
been identified by the Investigating Officer (IO) concerned.
5. Briefly stated, the marriage between petitioner no.1 and respondent no.2 was solemnized on 20.09.2010 according to Hindu rites and ceremonies at Delhi. One male child, namely Master Samrat, was born out of the wedlock on 18.12.2012, who is presently in the custody of respondent no.2. Owing to matrimonial discord and temperamental differences, the parties started residing separately from 24.12.2020. Thereafter, respondent no.2 lodged the present FIR against petitioner no.1 (husband) and petitioner no.2 (mother-in- law). During the pendency of the proceedings, with the intervention of family members, relatives and other respectable persons, the parties amicably resolved all their disputes by entering into a settlement on 01.08.2025. In terms of the said settlement, all disputes arising out of the matrimonial relationship, including the issues relating to dowry articles, istridhan, maintenance, permanent alimony and other ancillary claims, stood fully and finally settled. Pursuant thereto, the marriage between petitioner no.1 and respondent no.2 was dissolved by a decree of divorce by mutual consent dated 03.01.2026 passed by the learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi.
6.
Learned counsel for the petitioners submits that the parties have amicably resolved all their disputes and the terms and conditions of the settlement have been duly complied with. He further submits that respondent no.2 has settled all her claims with respect to her istridhan, dowry articles, maintenance, permanent alimony and all other claims arising out of the matrimonial relationship. It is submitted that the marriage between petitioner no.1 and respondent no.2 already stands dissolved by a decree of divorce by mutual consent and no dispute now survives between the parties. 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 07/08/2026 at 11:31:02
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 of her own free will, without any force, coercion or undue influence. She further states that all the terms and conditions of the settlement have been fully complied with, she has no surviving claim whatsoever against the petitioners and she has no objection if the present FIR and all consequential 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 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 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.381/2024, registered at Police Station Jagat Puri, Delhi, for the offences punishable under Sections 498A/406/34 of the 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 AUGUST 5, 2026/JYH/Av 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 07/08/2026 at 11:31:02