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2026 DAILYLAW 17428 (DEL)

SHUVA ADHIKARY & ORS. v. STATE GOVT OF NCT OF DELHI AND ANR

CRL.M.C./6558/2026 · 2026-09-07

Madhu Jain

body2026

Judgment text

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$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010417252026 + CRL.M.C. 6558/2026 SHUVA ADHIKARY & ORS. .....Petitioners Through: Mr. Pardeep, Adv. along with all petitioners in person. versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Aashneet Singh, APP with SI Satender Kr. Arya, PS Geeta Colony Mr. Hemant Pathak, Adv. for R-2 along with R-2. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.09.2026 1. This hearing has been done through hybrid mode. 2. 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. 497/2024, registered at Police Station Geeta Colony, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 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. 3. Issue Notice. Learned APP for the state accepts notice on behalf of the state. 4. The Petitioners and Respondent No.2 are present before this Court and have been identified by the Investigating Officer (IO) concerned. 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 08/09/2026 at 11:42:31 5. The brief facts of the case are that the marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 04.04.2022 at Kolkata, West Bengal, according to Hindu rites and ceremonies. No child was born out of the said wedlock. Owing to matrimonial differences, the parties started residing separately from 22.07.2023. Thereafter, FIR No. 497/2024 came to be registered at Police Station Geeta Colony, Delhi, under Sections 498A/406/34 of the IPC. The parties subsequently amicably resolved their disputes, and their marriage was dissolved by a decree of divorce by mutual consent vide order dated 20.07.2026 passed by the learned Family Court, East, Karkardooma Courts, Delhi. 6. Learned counsel for the petitioners submits that, in terms of the settlement arrived at between the parties, the total settlement amount was fixed at Rs.1,50,000/-. Out of the said amount, a sum of Rs.1,00,000/- has already been paid to Respondent No. 2 at the time of the first and second motions. He further submits that the balance amount of Rs.50,000/- has been handed over to Respondent No. 2 today in Court by way of Demand Draft bearing No. 183813. It is submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement. 7. On a query made by this Court, Respondent No. 2, who has been duly identified by the Investigating Officer, 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 of Rs.1,50,000/- has been received by her and that she has no surviving claim whatsoever against the petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed. 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 08/09/2026 at 11:42:31 8. In view of the fact that the parties have amicably resolved all their disputes, their 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. 9. Accordingly, FIR No. 497/2024, registered at Police Station Geeta Colony, Delhi, for the offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom, are hereby quashed. 10. The present petition, along with pending application(s), if any, stands disposed of. 11. Copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance. 12. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 7, 2026/JYH/P 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 08/09/2026 at 11:42:31