SAHIL SALMANI & ORS. v. THE STATE OF NCT OF DELHI & ANR
CRL.M.C./15/2026 · 2026-01-05
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7200 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7200 (DEL) · dailylaw.ai ]
Judgment text
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$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 15/2026, CRL.M.A. 26/2026
SAHIL SALMANI & ORS. .....Petitioners Through: Mr. Manoj Kumar Lohat, Advocate with petitioners in person. Mob-9213630390
versus
THE STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Raghuinder Verma, APP with Mr. Aditya Vikram Singh, Advocate with PSI Bhanu, PS: North Rohini
Mr. Tarun Walia, Advocate for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
05.01.2026
1. Vide the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (earlier Section 482 of the Code of Criminal Procedure, 1973), the petitioners seek quashing of FIR No.28/2012 dated 24.01.2012 under Sections 498A/406/34 of the Indian Penal Code, 1860 at P.S. North Rohini, Delhi and all other consequential proceedings emanating therefrom, in view of the Settlement Agreement dated 10.10.2025 arrived at between the petitioners and the respondent no.2 before the Delhi Mediation Centre, Rohini District Courts, Delhi. 2. This petition is accompanied by the Settlement Agreement dated 10.10.2025 [Annexure- P3] and is also supported by affidavits of all 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 07/01/2026 at 12:02:13
petitioners and of respondent no.2, alongwith their respective identity proofs. 3. Additionally, the petitioners and respondent no.2, present in Court, have been identified by the Investigating Officer and their credentials have also been duly verified by the Investigating Officer. 4. Issue Notice. 5. Learned APP for the State accepts notice. He confirms that he has no objection to the quashing of the FIR. 6. Respondent no.2 confirms that the petitioner no.1 and respondent no.2 have already been granted divorce by mutual consent vide Decree of Declaration dated 12.12.2025. She further affirms that pursuant to the Settlement Agreement dated 10.10.2025, the petitioner no.1 has paid her Rs.4,00,000/- in full and final settlement of all her claims including alimony, maintenance (present, past and future), stridhan etc. As such, she states that she has no objection to the quashing of the present FIR. 7. In view of the fact that a settlement has already been arrived at between the parties, they shall remain bound by all the terms and conditions contained therein.
As such, following the law laid down by the Hon’ble Supreme Court in Jitendra Raghuvanshi & Ors. Vs. Babita Raguvanshi & Anr. (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility. 8. Accordingly, the present petition is allowed. Consequently, the FIR No.28/2012 dated 24.01.2012 under Sections 498A/406/34 IPC at P.S. North Rohini, Delhi and all other consequential proceedings emanating 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 07/01/2026 at 12:02:13
therefrom are quashed. 9. The petition alongwith the pending application is disposed of. SAURABH BANERJEE, J JANUARY 5, 2026/So 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 07/01/2026 at 12:02:13