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2026 DAILYLAW 17064 (DEL)

KUNAL KAPOOR & ORS. v. STATE & ANR.

CRL.M.C./6447/2026 · 2026-09-01

Saurabh Banerjee

body2026

Judgment text

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$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010409762026 + CRL.M.C. 6447/2026, CRL.M.A. 26942/2026 KUNAL KAPOOR & ORS. .....Petitioners Through: Mr. Anil Dutt Sharma, Adv. versus STATE & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with SI Reena Kumari, PS.: Prashant Vihar Ms. Niharika and Mr. Kuldip Singh, Advs. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 01.09.2026 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.694/2021 dated 31.12.2021 registered at PS.: Prashant Vihar under Sections 354/406/498A/506/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Memorandum of Understanding dated 06.07.2026, whereby the petitioner 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 03/09/2026 at 12:09:05 4. Learned counsel for 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 Memorandum of Understanding dated 06.07.2026, and in furtherance whereof, out of total settlement amount of Rs.47,00,000/-, the petitioner no.1 has already paid her the settlement amount of Rs.30,00,000/- and the remaining sum of Rs.17,00,000/- has been paid to her today by way of a Demand Draft being DD No.002742 dated 10.08.2026 drawn on Axis 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 Section 13B(2) of the Hindu Marriage Act, 1955 vide decree of Divorce dated 01.08.2026, 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. 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 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 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 03/09/2026 at 12:09:05 & 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.694/2021 dated 31.12.2021 registered at PS.: Prashant Vihar under Sections 354/406/498A/506/34 of IPC as also all proceedings emanating therefrom are hereby quashed. 9. Accordingly, the present petition, alongwith pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J SEPTEMBER 1, 2026/bh 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 03/09/2026 at 12:09:05