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2026 DAILYLAW 17089 (DEL)

SAURABH GAUTAM AND ORS v. STATE NCT OF DELHI AND ANR

CRL.M.C./2255/2026 · 2026-08-31

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~19 (27.08.2026) * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010120432026 + CRL.M.C. 2255/2026 SAURABH GAUTAM AND ORS .....Petitioners Through: Mr. Deepanshu Singh, Adv. with petitioners in person. versus STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Hemant Mehla, APP with SI Amandeep, PS Najafgarh. Mr. Surender, Adv. for R-2 along with R-2. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 31.08.2026 1. This hearing has been done through hybrid mode. 2. This matter has been taken up today as 27.08.2026 was declared a Court holiday. CRL.M.A. 9214/2026 (for exemption) 3. Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. CRL.M.C. 2255/2026 4. 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. 313/2021, registered at Police Station Najafgarh, Delhi, under Sections 498A, 406 and 34 of the Indian Penal Code, 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 05/09/2026 at 09:59:11 1860 (hereinafter referred to as the ‘IPC’), along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties. 5. Issue Notice. Learned APP for the State accepts notice on behalf of the State. 6. The Petitioners and Respondent No. 2 are present before this Court and have been identified by the Investigating Officer (IO) concerned. 7. Briefly stated, the marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 18.05.2015 in accordance with Hindu rites and ceremonies. Out of the said wedlock, a son, namely Divyanshu, was born on 25.01.2016. Owing to matrimonial discord and temperamental differences, the parties started residing separately with effect from 16.06.2015. 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 and executed a Memorandum of Understanding/Settlement dated 26.12.2025 at New Delhi. Pursuant to the settlement, a decree of divorce by mutual consent was granted on 10.03.2026 by the learned Judge, Family Court, Dwarka, New Delhi. 8. Learned counsel for the Petitioners submits that, in terms of the Settlement Deed dated 26.12.2025, the parties agreed to settle their matrimonial disputes for a total sum of Rs. 13,00,000/-. He submits that the balance amount of Rs. 1,00,000/- (Rupees one lakh only) has been handed over to Respondent No. 2 today in Court by way of Demand Draft bearing No. 252981. It is further submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further 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 05/09/2026 at 09:59:11 remains to be paid under the settlement. 9. 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 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 under the settlement against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed. 10. In view of the fact that the parties have amicably resolved their matrimonial 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. 11. Accordingly, FIR No. 313/2021, registered at Police Station Najafgarh, Delhi, for the offences punishable under Sections 498A, 406 and 34 IPC, and all consequential proceedings emanating therefrom, are hereby quashed. 12. The present petition, along with pending application(s), if any, stands disposed of. 13. A copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance. 14. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 31, 2026/JYH/PG 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 05/09/2026 at 09:59:11