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2026 DAILYLAW 19242 (DEL)

MUKESH TIWARI & ORS. v. THE STATE OF N.C.T. OF DELHI

CRL.M.C./6992/2026 · 2026-09-21

Amit Bansal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.M.C. 6992/2026 p. 1 $~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010447872026 + CRL.M.C. 6992/2026 with CRL.M.A. 29246/2026 MUKESH TIWARI & ORS. .....Petitioners Through: Ms. Kalpana, Advocate along with petitioners. versus THE STATE OF N.C.T. OF DELHI .....Respondent Through: Ms. Kiran Bairwa, APP. Ms. Sudha Nim and Ms. Madhu, Advocates for R-2 along with Ms. Shweta Tiwari, R-2 in person. Mr. Manish Giri, SI, P.S. GTB Enclave. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 21.09.2026 CRL.M.A. 29246/2026 (exemption) 1. Allowed, subject to all just exceptions. CRL.M.C. 6992/2026 2. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’) seeking quashing of FIR No.0457/2019 dated 10th October, 2019, Police Station - GTB Enclave, Delhi for offences under Sections 498-A/406/34 of Indian Penal Code, 1860 (‘IPC’), and all proceedings arising therefrom, on the ground of settlement. 3. The petitioner no.1 is the husband of the respondent no.2 and the 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 24/09/2026 at 10:56:13 CRL.M.C. 6992/2026 p. 2 petitioners no. 2, 3 and 4 are the family members of the petitioner no.1. The marriage of the petitioner no.1 and the respondent no.2 was solemnized on 27th April, 2018 as per Hindu rites and ceremonies. 4. Martial disputes arose between the petitioner no.1 and the respondent no.2, which resulted in filing of the present FIR on 10th October, 2019. 5. Now, the parties have settled their disputes in terms of the Settlement Agreement dated 20th January, 2026, executed before Mediation Centre, Rohini Courts, which has been placed on record as Annexure P-4 to the petition. 6. In terms of the settlement, the parties have been granted divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The total amount payable by the petitioners to respondent no.2 is Rs.20,50,000/-, out of which Rs.15,00,000/- have already been paid to respondent no.2. 7. Issue notice. 8. Notice is accepted by the APP appearing on behalf of the State and the counsel appearing on behalf of the respondent no.2. 9. A bankers cheque for balance amount for the sum of Rs.5,50,000/- has been handed over to the respondent no.2 in Court today. 10. The respondent no.2 is present in Court and has been identified by her counsel as well as by the Investigating Officer (‘IO’). She informs the Court that she has settled the matter of her own free will and without any coercion. She further states that she has no objection to quashing of the present FIR. 11. The petitioners are also present in Court and have been identified by their counsel. They affirm the statement of the respondent no.2 and undertake to abide by the terms of settlement arrived at between the parties. 12. Considering the above settlement between the parties , no useful 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 24/09/2026 at 10:56:13 CRL.M.C. 6992/2026 p. 3 purpose would be served by continuing with the proceedings of the present FIR and it would an unnecessary burden on the State exchequer. Hence, it would be in the interest of justice to quash the present FIR and the proceedings pursuant thereto. 13. Consequently, the FIR No.0457/2019 dated 10th October, 2019, registered at Police Station GTB Enclave, Delhi and the proceedings pursuant thereto are quashed. 14. The petition stands disposed of. 15. All pending applications stand disposed of. AMIT BANSAL, J SEPTEMBER 21, 2026 Vivek/- 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 24/09/2026 at 10:56:13