SANTOSH KUMAR AND ORS. v. STATE NCT OF DELHI AND ANR.
CRL.M.C./5894/2026 · 2026-08-13
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15716 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15716 (DEL) · dailylaw.ai ]
Judgment text
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$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010372292026 + CRL.M.C. 5894/2026, CRL.M.A. 24601/2026, CRL.M.A. 24602/2026
SANTOSH KUMAR AND ORS.
.....Petitioners Through: Ms. Counsel (appearance not given), with petitioners in person
versus
STATE NCT OF DELHI AND ANR.
.....Respondents Through: Mr. Raghuinder Verma, APP for State with Ms. Upasna Bakshi, Advocate SI Ankit Sharma, PS.: Fatehpur Beri Ms. Payal Budhiraja, Adv. for R-2 with R-2 present 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.400/2022 dated 26.09.2022 registered at PS.: Fatehpur Beri, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement dated 28.09.2024 before the Delhi Mediation Centre, Saket Courts, New Delhi, whereby petitioner no.1 and the respondent no.2 have mutually resolved their disputes. 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 11:21:08
2. Issue notice.
3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.
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 dated 28.09.2024, wherein it is recorded that out of total settlement amount of Rs.7,50,000/, the petitioner no.1 has already paid respondent no.2 an amount of Rs.4,50,000/- and the remaining sum of Rs.3,00,000/- has been paid to her today by way of a Demand Draft being DD No.660854 dated 18.07.2026 drawn on Union Bank 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 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 11:21:08
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 & 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.400/2022 dated 26.09.2022 registered at PS.: Fatehpur Beri, New Delhi under Sections 498A/406/34 of IPC as also all proceedings emanating therefrom are hereby quashed. 9. Accordingly, the present petition alongwith the pending applications, is disposed of in the aforesaid terms. SAURABH BANERJEE, J AUGUST 13, 2026/Ab 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 11:21:08