AMIT KUMAR & ORS. v. STATE (NCT OF DELHI) THROUGH SHO P.S.PREM NAGAR DELHI & ANR.
CRL.M.C./6280/2026 · 2026-08-24
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16422 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16422 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010398762026 + CRL.M.C. 6280/2026 & CRL.M.A. 26173/2026 AMIT KUMAR & ORS. .....Petitioners Through: Mr. Pankaj Kumar, Mr. Bikramaditya Kumar, Mr. Sanjeev Kumar, Mr. Amrish Singh and Mr. Pramod Singh, Advs. with petitioners-in-person. versus STATE (NCT OF DELHI) THROUGH SHO P.S.PREM NAGAR DELHI & ANR. .....Respondents Through: Mr. Hemant Mehla, APP Ms. Illashree and Mr. Nitin Sengar, Advs. for R2. Respondent no.2-in-person. SI Bhupender, PS Prem Nagar.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 24.08.2026
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’), the petitioners seek quashing of FIR No. 402/2025, registered at Police Station Prem Nagar, Delhi, under Sections 498A/406/34 of the Indian Penal Code,1860 (hereinafter referred to as the ‘IPC’) and Section 4 of Dowry Prohibition Act, 1961 pending before the Court of learned Judicial Magistrate, Ist Class, Mahila Court, North-West, Rohini, Delhi.
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 29/08/2026 at 15:14:42
state.
4. The Petitioners and Respondent No.2 are present before this Court and have been identified by their counsel as well as the Investigating Officer (IO) concerned.
5. Briefly stated, the marriage between Petitioner No.1 and Respondent No.2 was solemnized on 29.11.2023 in accordance with Hindu rites and ceremonies. Out of the said wedlock, no child was born. Owing to matrimonial discord and temperamental differences, the parties started residing separately with effect from 13.06.2024. Thereafter, Respondent No.2 lodged the present FIR against the Petitioners. During the pendency of the proceedings, with the intervention of family members and other respectable persons, the parties amicably resolved all their disputes before the Delhi Mediation Centre, Rohini District Courts, Delhi, and executed a Settlement Agreement dated 17.11.2025. Pursuant to the settlement, a decree of divorce by mutual consent was granted on 16.05.2026 by the learned Principal Judge, Family Court, Rohini Court, New Delhi.
6.
Learned counsel for the petitioners submits that, in terms of the Settlement Deed dated 17.11.2025, the parties agreed to settle all their disputes for a total sum of Rs. 4,50,000/-. He submits that the balance amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) has been handed over to Respondent No.2 today in Court by way of Demand Draft bearing No. 341983. 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.
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 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 29/08/2026 at 15:14:42
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 fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved by a decree of divorce by mutual consent, the entire settlement amount has been paid, 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. FIR No. 402/2025, registered at Police Station Prem Nagar, Delhi, for the offences punishable under Sections 498A/406/34 of IPC and Section 4 of Dowry Prohibition Act, 1961and all consequential proceedings emanating therefrom, are hereby quashed.
10. The present petition, along with pending application(s), if any, stands
disposed of.
11. Copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance.
12. The order be uploaded on the website forthwith.
MADHU JAIN, J AUGUST 24, 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 29/08/2026 at 15:14:42