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2026 DAILYLAW 19862 (DEL)

PRADEEP KUMAR AND ORS v. THE STATE OF NCT OF DELHI AND ANR

CRL.M.C./7128/2026 · 2026-09-24

Amit Bansal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.M.C. 7128/2026 $~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010457272026 + CRL.M.C. 7128/2026 & CRL.M.A. 29821-29822/2026 PRADEEP KUMAR AND ORS. .....Petitioners Through: Mr. Sameer Khan, Mr. Sanjay Kumar, Kannaujiya and Mr. Nikhil Mukul, Advocates. Petitioners in person. versus THE STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Kiran Birwa, APP for State. SI Anupam and ASI Ramesh Chand, PS Jaitpur. Mr. Saksham Saxena, Advocate for R-2. R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 24.09.2026 CRL.M.C. 7128/2026 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking quashing of FIR No.335/2022 dated 15th June, 2022 registered at P.S. Jaitpur under Sections 498A/406/34 of the Indian Penal Code (IPC), 1860 and all proceedings arising therefrom, on the ground of settlement. 2. The petitioner no.1 is the husband of the respondent no.2 and the petitioners no. 2, 3 and 4 are the family members of the petitioner no.1. 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 28/09/2026 at 10:49:30 CRL.M.C. 7128/2026 marriage of the petitioner no.1 and the respondent no.2 was solemnized on 2nd March, 2020 as per Hindu rites and ceremonies. A girl child was born out of the wedlock on 7th January, 2021. 3. Marital disputes arose between the petitioner no.1 and the respondent no.2, which resulted in filing of the present FIR on 15th June, 2022. 4. Now, the parties have settled their disputes in terms of the Settlement Agreement dated 30th August, 2025, executed before Mediation Centre, Saket Courts, New Delhi (“Mediation Centre’) which has been placed on record as Annexure D to the petition. 5. In terms of the settlement, the parties have been granted divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 and a decree of divorce dated 28th February, 2026 has been placed on record as Annexure E to the petition The custody of minor child is with respondent no.2/mother. 6. Issue notice. 7. Notice is accepted by the APP appearing on behalf of the State and the counsel appearing on behalf of the respondent no.2. 8. 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. 9. 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. 10. Considering the above settlement between the parties, no useful purpose would be served by continuing with the proceedings of the present 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 28/09/2026 at 10:49:30 CRL.M.C. 7128/2026 FIR and it would be 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. 11. It is directed that the settlement executed between the petitioners and respondent no.2 as well as this order shall have no effect on the rights of the minor child in the future. 12. Consequently, the FIR No.335/2022 registered at P.S. Jaitpur and the proceedings pursuant thereto are quashed. 13. The petition along with all pending applications stands disposed of. AMIT BANSAL, J SEPTEMBER 24, 2026 Rzu 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 28/09/2026 at 10:49:30