AMAN KUMAR KASHYAP AND ORS v. THE STATE (NCT. OF DELHI) AND ORS
CRL.M.C./6081/2026 · 2026-09-01
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17246 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17246 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010385572026 + CRL.M.C. 6081/2026, CRL.M.A. 25459/2026
AMAN KUMAR KASHYAP AND ORS
......Petitioners
Through: Mr. Prithvi Bansal, Adv.
versus
THE STATE (NCT. OF DELHI) AND ANR .....Respondents
Through: Mr. Satish Kumar, APP
SI- Dharamveer, PS: Dabri Ms. Santwana Agarwal and Ms. Saumya Agarwal, Advs. for R-2 alongwith respondent no.2
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
01.09.2026
1. Complete copy of Annexure- P3 handed over by learned counsel for the petitioners is taken on record.
2. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.104/2024 dated 31.01.2024 registered at PS.: Dabri under Sections 498A/34/406 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement Deed dated 02.02.2026 before Delhi Mediation Centre, Dwarka Courts, Delhi (Annexure P3), whereby petitioner no.1 and respondent no.2 have mutually resolved their disputes.
3. Issue notice.
4. Learned APP accepts notice and submits that he has no objection to 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 10:03:10
the quashing of the aforesaid FIR.
5.
Learned counsel for the respondent no.2 also accepts notice and submits that the respondent no.2 has no objection if the present petition is allowed. 6. 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 aforesaid Settlement Deed dated 02.02.2026, wherein it is recorded that out of total settlement amount of Rs.30,00,000/, the petitioner no.1 has already paid her the settlement amount of Rs.20,00,000/- and the remaining sum of Rs.10,00,000/- has been paid to her today by way of a Demand Draft being DD No.012409 dated 27.08.2026 drawn on HDFC 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 Deed of pronouncement of Divorce dated 23.04.2026, 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. 7. 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. 8. As noted above, a settlement based on mutual terms between the petitioners 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 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 10:03:10
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 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.104/2024 dated 31.01.2024 registered at PS.: Dabri under Sections 498A/34/406 of IPC as also all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition along with the pending application is disposed of in the aforesaid terms. SAURABH BANERJEE, J SEPTEMBER 1, 2026/Ab
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 10:03:10