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2026 DAILYLAW 15477 (DEL)

ANUJ JAIN & ORS. v. THE STATE & ANR.

CRL.M.C./5748/2026 · 2026-08-07

Madhu Jain

body2026

Judgment text

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$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010362192026 + CRL.M.C. 5748/2026 & CRL.M.A. 24002/2026 ANUJ JAIN & ORS. .....Petitioners Through: Mohd. Azhar, Adv. with Petitioners- in-person. versus THE STATE & ANR. .....Respondents Through: Nawal Kishore Jha APP for State with Kalpana Jha and Mr. Siddharth Shankar Jha, Advs. SI Sumeet P., PS Vivek Vihar. Mr. Pramod Kumar Jain and Mr. Vikram Kumar, Advs. for R2. Respondent No.2-in-person. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.08.2026 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 Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘CrPC’), the petitioners seek quashing of FIR No. 91/2024, registered at Police Station Vivek Vihar, Delhi, for the offences punishable under Sections 498A, 406 and 34 of the 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. 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 12/08/2026 at 10:58:37 3. Issue notice. Learned APP accepts notice on behalf of the State. 4. The Petitioners and Respondent No. 2 are present before this Court and have been identified by their respective counsel as well as by the Investigating Officer (IO) concerned. 5. Brief facts of the case are that the marriage between Petitioner No. 1 and Respondent No. 2 was solemnized at Delhi on 14.12.2015 in accordance with Hindu rites and ceremonies. One daughter, namely Baby Aishani, was born out of the said wedlock. Owing to temperamental differences and matrimonial disputes, the parties started residing separately. On the complaint of Respondent No. 2, the present FIR came to be registered against the petitioners. It is stated that the parties have already obtained a decree of divorce by mutual consent passed by the learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi, vide judgment and decree dated 01.11.2025. It is further stated that the parties have amicably settled all their disputes vide Settlement Agreement dated 14.05.2025, executed before the Counsellor at Shahdara District, Karkardooma Courts, Delhi. 6. Learned counsel for the Petitioners submits that, in terms of the Settlement Agreement dated 14.05.2025, the parties agreed to settle all their disputes for a total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only), of which Rs.10,00,000/- has already been paid. He submits that the balance amount of Rs.5,00,000/- (Rupees Five Lakhs only) has been handed over to Respondent No. 2 today in Court by way of Demand Draft No. 001482. It is further submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement. 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 12/08/2026 at 10:58:37 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 out of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed. 8. In view of the above, since the parties have amicably resolved all their disputes voluntarily and without any coercion, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation of the proceedings would only perpetuate unnecessary litigation between the parties, who have already dissolved their marriage by mutual consent. It is, therefore, in the interest of justice that the FIR in question and all proceedings emanating therefrom be quashed. There is no legal impediment in granting the relief sought. 9. Accordingly, FIR No. 91/2024, registered at Police Station Vivek Vihar, Delhi, for the offences punishable under Sections 498A, 406 and 34 of the IPC, along with all consequential proceedings arising therefrom, is hereby quashed. 10. The present petition, along with all pending application(s), stands disposed of. 11. A copy of this order be communicated to the concerned learned Trial Court for necessary information and compliance. 12. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 7, 2026/b/m 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 12/08/2026 at 10:58:37