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2026 DAILYLAW 15906 (DEL)

ABHISHEK GUPTA v. STATE GOVT. OF NCT OF DELHI AND ANR.

CRL.M.C./6091/2026 · 2026-08-19

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010385882026 + CRL.M.C. 6091/2026 & CRL.M.A. 25478/2026, CRL.M.A. 25479/2026 ABHISHEK GUPTA .....Petitioner Through: Ms. Vinny Shangloo and Mr. Rishabh Relan, Advs. with Petitioner-in-person versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through: Mr. Digam Singh Dagar, APP Mr. Ghanshyam Mishra, Mr. Bhanu Vashistha, Mr. Aman Sharma and Mr. Shivang Dhiman, Advs. for R2 with respondent no.2-in-person SI Priyanshi, PS Farsh Bazar CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 19.08.2026 1. This hearing has been done through hybrid mode. 2. By way of the present petition filed on behalf of the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) erstwhile Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’), the petitioners seek quashing of FIR No. 369/2020, registered at Farsh Bazar, 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 for the state accepts notice on behalf of the 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 24/08/2026 at 10:40:46 state. 4. The Petitioner and Respondent No.2 are present before this Court and have been identified by their counsel and the Investigating Officer (IO) concerned. 5. Briefly stated, the marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 18.11.2018 in accordance with Hindu rites and ceremonies. Out of the said wedlock, a son, namely Master Siddham Jain, was born, who is presently in the custody of Respondent No. 2. Owing to matrimonial discord and temperamental differences, the parties started residing separately with effect from 05.03.2020. Thereafter, Respondent No. 2 lodged the present FIR against the Petitioners. Petitioner No. 1 thereafter instituted a petition under Section 13(1)(ia) of the Hindu Marriage Act before the learned Principal Judge, Family Court (Shahdara), Karkardooma Courts, Delhi, which was decreed in his favour on 25.01.2024. During the pendency of Mt. Case No. 121/2022, with the intervention of family members and other respectable persons, the parties amicably resolved all their disputes on 11.07.2026. The terms and conditions of the settlement were duly recorded by the learned Family Court vide order dated 11.07.2026. 6. As per the settlement recorded vide order dated 11.07.2026, it was agreed between the parties that the Respondent/father would pay a sum of ₹24,00,000/- (Rupees Twenty-Four Lakhs only) towards the full and final settlement of the past, present and future maintenance of the minor child, Master Siddham Jain. It was further agreed that the said amount would be deposited within 15 days in the form of a Demand Draft in favour of the minor child. Upon deposit of the said amount, Respondent No. 2/wife agreed to withdraw all pending proceedings, including the execution petitions, 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 24/08/2026 at 10:40:46 proceedings under the DV Act and the appeal pending before this Court. It was further agreed that the Demand Draft deposited towards the maintenance of the minor child would be released to Respondent No. 2 after the quashing of the FIR and conclusion of the aforesaid civil/criminal proceedings. 7. Learned counsel for the petitioners submits that, in terms of the Settlement Deed dated 11.07.2026, the parties agreed to settle all their disputes for a total sum of Rs. 24,00,000/-. It is submitted that a Demand Draft dated 22.07.2026, for a sum of Rs. 24,00,000/-, is lying deposited with the Family Courts, Shahdara. Let the aforesaid Demand Draft be released in favour of the complainant/Respondent No. 2. It is further submitted that upon release of the aforesaid amount, the terms and conditions of the settlement shall stand fully complied with and nothing further shall remain payable by either party under the said settlement 8. 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 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. 9. In view of the fact that the parties have amicably resolved all their disputes pursuant to the settlement dated 11.07.2026, the marriage between the parties already stands dissolved by a decree of divorce and the agreed settlement amount of Rs. 24,00,000/- has been deposited pursuant to the terms of the settlement, 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 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 24/08/2026 at 10:40:46 litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case. 10. Accordingly, FIR No. 369/2020, registered at Police Station Farsh Bazar, for the offences punishable under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom, are hereby quashed. 11. The present petition, along with pending application(s), if any, stands disposed of. 12. Copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance. 13. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 19, 2026/b/sd 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 24/08/2026 at 10:40:46