GURVINDER SINGH KHURANA & ORS. v. THE STATE (NCT OF DELHI) & ANR.
CRL.M.C./6347/2026 · 2026-08-31
Manoj Jain
body2026
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[ 2026 DAILYLAW 16889 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16889 (DEL) · dailylaw.ai ]
Judgment text
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CRL.M.C. 6347/2026
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$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31st August, 2026 # CNR No. DLHC010403442026 + CRL.M.C. 6347/2026 & CRL.M.A. 26482-26483/2026
GURVINDER SINGH KHURANA & ORS. .....Petitioners
Through: Mr. Mihir Samson with Ms.Vaishnavi
Prasad, Mr. Harsha Roy and
Mr. Pradip Kumar Singh, Advocates
with petitioner Nos.1 and 2 in person
and petitioner No.3 through V.C.
versus
THE STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Satinder Singh Bawa, APP for the
State with SI KM. Jyoti, PS Moti
Nagar. Ms. Varsha Gola, Advocate for
respondent No.2 with respondent No.2
in person
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 147/2026 dated 31.03.2026, registered at Police Station Moti Nagar, for commission of offences under Sections 85/316(2)/3(5) Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 498A/406/34 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 13.04.2025, as per Sikh rites and customs. No child is born from the abovesaid wedlock. 3. However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it Signed By:SONIA THAPLIYAL Signing Date:01.09.2026 18:27:03 Signature Not Verified
CRL.M.C. 6347/2026
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resulted into registration of the abovesaid FIR. 4. Charge-sheet has not been filed and the matter is, reportedly, under investigation. 5. With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 08.08.2026 and have been able to resolve all their disputes and have decided to part ways gracefully. The copy of MoU is on record. As per the terms of settlement, the petitioners-accused has agreed to make payment of Rs.17,00,000/- to respondent No.2 herein i.e. his wife as full and final settlement towards maintenance etc. The petitioners herein have agreed to return the personal belongings and jewellery articles of respondent No.2 and both the sides have decided to take divorce by mutual consent. 6. It is in the abovesaid backdrop that quashing is being sought. 7. Petitioner No.1 is present in person and undertakes to file appropriate petition seeking divorce by mutual consent within two weeks from today.
He also undertakes to file appropriate application seeking waiver of the period for the purpose of filing the petition under Section 13B(2) of Hindu Marriage Act, 1955. His such undertaking, which is to the Court, is taken on record. 8. Respondent no. 2 is present in person with her father and she has been duly identified by her counsel as well as by Investigating Officer. 9. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. As per terms of settlement, the petitioners have made payment of Rs.5,66,000/- to her in the shape of Demand Draft drawn on State Bank of India. She submits that she has received all her jewellery articles and belongings. She states that she has entered into the abovesaid settlement out Signed By:SONIA THAPLIYAL Signing Date:01.09.2026 18:27:03 Signature Not Verified
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of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed. She also states that she would co-operate the petitioner for the purposes of filing divorce petition. 10. Both the sides undertake to comply with the settlement terms as mentioned in Settlement Deed dated 08.08.2026. 11. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners. 12. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR. 13. Consequently, to secure the ends of justice, FIR No. 147/2026 dated 31.03.2026, registered at Police Station Moti Nagar, for commission of offences under Sections 85/316(2)/3(5) Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 498A/406/34 IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed.
Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted to concerned SHO/IO within four weeks. 14. The petition stands disposed of in aforesaid terms. 15. Pending applications also stand disposed of. (MANOJ JAIN) JUDGE AUGUST 31, 2026/st/sk Signed By:SONIA THAPLIYAL Signing Date:01.09.2026 18:27:03