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2026 DAILYLAW 15968 (DEL)

NIKHIL KANOJIA AND ANR. v. STATE (GOVT.NCT OF DELHI) AND ANR

CRL.M.C./6153/2026 · 2026-08-21

Saurabh Banerjee

body2026

Judgment text

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$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010391252026 + CRL.M.C. 6153/2026, CRL.M.A. 25728/2026 NIKHIL KANOJIA AND ANR. .....Petitioners Through: Ms. Anvita Mishra, Ms. Monika and Ms. Abha Singh, Advs. with petitioners in persons versus STATE (GOVT.NCT OF DELHI) AND ANR .....Respondents Through: Mr. Satish Kumar, APP with Mr. Aditya Vikram Singh and Mr. Gourav Singh, Advs. with Insp. Manoj Bhaskar, PS: Bindapur R-2 present in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 21.08.2026 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.852/2022 dated 17.10.2022 registered at PS.: Shalimar Bagh under Sections 498A/406/506/509/323/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Counselling Cell Settlement dated 26.11.2025 (Annexure P2), whereby the petitioners no.1 and the respondent no.2 have mutually resolved their disputes. 2. Issue notice. 3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 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 10:41:35 4. Respondent no.2 also accepts notice and submits that she 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 Counselling Cell Settlement dated 26.11.2025, whereby out of the total settlement amount of Rs.7,50,000/- the petitioner no.1 has already paid her the settlement amount of Rs.5,25,000/- and the remaining sum of Rs.2,25,000/- has been paid to her by way of a Demand Draft being DD No.502101 dated 23.07.2026 drawn on ICICI Bank as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. The original pass-book of Sukanaya Samridhi Account also has been handed over to her today. 6. Learned counsel for the petitioners submits that the petitioner no.1 will handed over the LIC bond to the respondent no.2 herein on the next date of hearing before the learned Trial Court. They also submit that the marriage inter-se the respondent no.2 and petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide Deed of pronouncement of Divorce dated 08.07.2026, 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. 7. 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. 8. As noted above, a settlement based on mutual terms between petitioner no.1 and the respondent no.2 is the basis of filing the present 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 10:41:35 petition, which is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the present is a fit case for quashing the aforesaid FIR. Accordingly, 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. 9. Therefore, the present petition is allowed and FIR No.852/2022 dated 17.10.2022 registered at PS.: Shalimar Bagh under Sections 498A/406/506/509/323/34 of IPC as also all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition, alongiwth pending applications, is disposed of in the aforesaid terms. SAURABH BANERJEE, J AUGUST 21, 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 24/08/2026 at 10:41:35