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2026 DAILYLAW 17784 (DEL)

RAHUL BISHT AND ANR. v. THE STATE NCT OF DELHI AND ANR

CRL.M.C./6677/2026 · 2026-09-09

Madhu Jain

body2026

Judgment text

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$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010426232026 + CRL.M.C. 6677/2026 RAHUL BISHT AND ANR. .....Petitioners Through: Mr. K.C. Dobriyal, Adv. with petitioners. versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP Respondent no.2-in-person SI Hemant, PS Badarpur and SI Vijender, Shaheen Bagh CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 09.09.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 27918/2026 2. Allowed subject to all just exceptions. The application is disposed of. CRL.M.C. 6677/2026 3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), seeking quashing of FIR No. 234/2025, registered at Police Station Badarpur, New Delhi, for offences punishable under Sections 85/316(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), along with the consequential proceedings, including the charge-sheet and the order taking cognizance arising therefrom. 4. Issue notice. Learned APP accepts notice on behalf of the State. 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 14/09/2026 at 16:01:27 5. The petitioners and Respondent No. 2 are present before this Court and have been duly identified by their respective learned counsel. 6. The brief facts of the case are that the marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 02.03.2024 according to Hindu rites and ceremonies at Dehradun, Uttarakhand. No child was born out of the said wedlock. Owing to certain matrimonial disputes and differences, Respondent No. 2 started residing separately from Petitioner No. 1 from 23.07.2024. Thereafter, Respondent No. 2 lodged a complaint, pursuant to which the aforesaid FIR was registered against the petitioners. 7. Learned counsel for the petitioners submits that during the pendency of the proceedings, the parties amicably resolved all their disputes vide Settlement Agreement dated 16.02.2026 arrived at before the Mediation Centre, South-East, Saket Courts, New Delhi. It is submitted that, in terms of the settlement, the parties agreed to dissolve their marriage by mutual consent and Petitioner No. 1 agreed to pay a total sum of Rs.6,80,000/- to Respondent No. 2 in full and final settlement of all her claims towards maintenance, permanent alimony, stridhan and other articles. 8. Learned counsel for the petitioners further submits that the first instalment of Rs.2,30,000/- and the second instalment of Rs.2,00,000/- have already been paid to Respondent No. 2. It is further submitted that the marriage between Petitioner No. 1 and Respondent No. 2 has since been dissolved by a decree of divorce by mutual consent vide order dated 23.04.2026 passed by the learned Principal Judge, Family Court, South-East District, Saket Courts, New Delhi. 9. Learned counsel for the petitioners submits that the remaining settlement amount of Rs.2,50,000/- is being paid to Respondent No. 2 by way 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 14/09/2026 at 16:01:27 of Demand Draft bearing No. 871512. 10. Respondent No. 2, who is present in person, acknowledges receipt of the Demand Draft bearing No. 871512 for a sum of Rs.2,50,000/- towards the balance settlement amount. She states that the entire settlement amount of Rs.6,80,000/- has been received by her and that nothing further remains payable by the petitioners under the settlement. 11. On a query made by this Court, Respondent No. 2 categorically states that she entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that she has no objection if the present FIR and all consequential proceedings arising therefrom are quashed. 12. In view of the fact that the parties have amicably resolved all their matrimonial disputes, the marriage between Petitioner No. 1 and Respondent No. 2 has already been dissolved by mutual consent, and Respondent No. 2 has received the entire settlement amount and has no objection to the quashing of the FIR, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation thereof would only result in unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case. 13. Accordingly, FIR No. 234/2025, registered at Police Station Badarpur, New Delhi, for offences punishable under Sections 85/316(2)/351(2)/3(5) BNS, along with the charge-sheet, the order taking cognizance and all consequential proceedings emanating therefrom, are hereby quashed qua the petitioners. 14. The present petition stands disposed of. Pending application(s), if any, also stand disposed of. 15. A copy of this order be communicated to the concerned Trial Court for 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 14/09/2026 at 16:01:27 information and necessary compliance. 16. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 9, 2026/B/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 14/09/2026 at 16:01:27