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2026 DAILYLAW 19193 (DEL)

AMIT & ORS. v. STATE (NCT OF DELHI) & ORS.

CRL.M.C./6459/2026 · 2026-09-23

Madhu Jain

body2026

Judgment text

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$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010410902026 + CRL.M.C. 6459/2026 & CRL.M.A. 26981/2026 AMIT & ORS. .....Petitioners Through: Mr. Abhishek Rana, Adv. along with the petitioners. versus STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr. Deepak Sharma, Mr. C. Giri, Mr. Prashant Gupta, Advs. for R-2 along with the respondents. SI Ajay Kumar, P.S. Bawana. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 23.09.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking quashing of FIR No. 221/2025 registered at P.S. Bawana, Delhi, under Sections 110/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), and all consequential proceedings arising therefrom, on the basis of a settlement arrived at between the parties. 3. Respondent Nos. 2 and 3 are present before the Court and have been duly identified by the Investigating Officer as well as their learned counsel. 4. Issue notice. Learned APP for the State accepts 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 25/09/2026 at 11:13:11 5. Briefly stated, the FIR arises out of a dispute between the parties in the context of matrimonial discord between Petitioner No. 1 and Respondent No. 3. The FIR was registered on 14.04.2025 at P.S. Bawana under Sections 110/351(3)/3(5) of the BNS on the complaint of Respondent No. 2. The chargesheet has since been filed and the proceedings are pending before the learned Principal District and Sessions Judge, North, Rohini Courts, Delhi, as Case No. SC/6892/2025. 6. During the pendency of the aforesaid proceedings, the parties entered into a settlement. The parties had earlier executed a Memorandum of Understanding dated 28.02.2026 and, pursuant to the directions contained in the order dated 30.03.2026 passed by this Court in CRL.M.C. 2321/2026, a fresh Memorandum of Understanding dated 20.08.2026 was also executed between the parties. 7. In terms of the settlement, the matrimonial dispute between Petitioner No. 1 and Respondent No. 3 has also been brought to an end. The first motion for mutual consent divorce was allowed on 11.04.2026 and the second motion was allowed on 02.07.2026, resulting in dissolution of the marriage between Petitioner No. 1 and Respondent No. 3 by a decree of divorce. 8. The Court has also taken note of the fact that the settlement contemplates withdrawal of the pending disputes between the parties and their cooperation in seeking quashing of the present FIR. The complainant as well as Respondent No. 3 are present in Court and have categorically stated that they have no objection to the quashing of the FIR. 9. Learned counsel for the petitioners submits that the parties have amicably resolved their disputes and that, in terms of the settlement arrived at between the parties, the entire settlement amount of ₹25,00,000/- has been 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 25/09/2026 at 11:13:11 paid by Petitioner No. 1 to Respondent No. 3. It is submitted that an amount of ₹8,00,000/- was paid at the stage of the first motion and ₹9,00,000/- was paid at the stage of the second motion, while the balance amount of ₹8,00,000/- was to be paid at the time of quashing of the present FIR. The said final amount of ₹8,00,000/- has been handed over to Respondent No. 3 today in Court by way of Demand Draft bearing No. 746226. 10. It is submitted that with the aforesaid payment, the terms of the settlement have been fully complied with and nothing further remains payable by Petitioner No. 1 to Respondent No. 3 under the settlement. 11. On a query made by this Court, Respondent No. 2, who is the complainant in the present FIR, states that the disputes between the parties have been amicably resolved and that he has no objection to the quashing of the present FIR and all proceedings emanating therefrom. Respondent No. 3 also states that the settlement has been entered into voluntarily, without any force, coercion or undue influence, and that she has received the entire settlement amount. She further states that she has no surviving claim against the petitioners and has no objection to the quashing of the present FIR and the proceedings arising therefrom. 12. In view of the settlement arrived at between the parties, the dissolution of the marriage between Petitioner No. 1 and Respondent No. 3, the payment of the entire settlement amount and the statements made by Respondent Nos. 2 and 3 before this Court, no useful purpose would be served by permitting the criminal proceedings arising out of the FIR to continue. 13. Accordingly, FIR No. 221/2025, registered at P.S. Bawana, Delhi, under Sections 110/351(3)/3(5) of the BNS, and all consequential proceedings emanating therefrom, including proceedings in SC/6892/2025 pending before 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 25/09/2026 at 11:13:11 the learned Principal District and Sessions Judge, North, Rohini Courts, Delhi, are hereby quashed. 14. The present petition, along with the pending application, if any, stands disposed of. 15. Copy of the present order be communicated to the concerned learned Trial Court for information and necessary action. 16. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 23, 2026/prg/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 25/09/2026 at 11:13:11