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2026 DAILYLAW 17084 (DEL)

NITIN SHARMA v. THE STATE (NCT OF DELHI) & ANR.

CRL.M.C./5715/2026 · 2026-09-01

Saurabh Banerjee

body2026

Judgment text

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$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010360302026 + CRL.M.C. 5715/2026, CRL.M.A. 23894/2026 NITIN SHARMA .....Petitioner Through: Mr. Trilok Chand and Ms. Jyoti, Advs. with petitioner in person versus THE STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Satish Kumar, APP with SI Ashok Singh Chauhan, PS Nihal Vihar Mr.Sanjay Kr. Mishra, Adv. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 01.09.2026 1. Fresh Memorandum of Understanding (MoU) dated 07.08.2026 handed over by the learned counsel for the petitioner is taken on record. 2. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of the FIR No.58/2018 dated 02.02.2018 registered at PS.: Nihal Vihar, Outer District, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of fresh MoU dated 07.08.2026, whereby the petitioner and the respondent no.2 have mutually resolved their disputes. 3. Issue notice. 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 12:10:34 4. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 5. Learned counsel for the respondent no.2 also accepts notice and submits that respondent no.2 has no objection if the present petition is allowed. 6. This Court has further had the occasion of interacting with the petitioner as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid MoU dated 07.08.2026, wherein it is recorded that the petitioner has already paid a total settlement amount of Rs.1,50,000/- to the respondent no.2 as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. In fact, the marriage inter-se the respondent no.2 and petitioner has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 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 petitioner. 7. The petitioner 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 the petitioner 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 & Anr.: (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 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 12:10:34 303 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.58/2018 dated 02.02.2018 registered at PS.: Nihal Vihar, Outer District, Delhi under Sections 498A/406/34 of IPC as also all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition, alongwith pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J SEPTEMBER 1, 2026/So 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 12:10:34