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2026 DAILYLAW 84 (DEL)

MR. CHAINA RAM BARDWAL AND ORS v. STATE GOVT. OF NCT OF DELHI AND ANR

CRL.M.C./1231/2026 · 2026-02-13

Anup Jairam Bhambhani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.M.C. 1231/2026 $~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1231/2026 MR. CHAINA RAM BARDWAL AND ORS .....Petitioners Through: Mr. Sumeet Singh Shokeen, Advocate. Petitioner No.1 (in-person) Petitioners Nos. 3 and 5 via video- conferencing. versus STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State. ASI Santosh Kumar, P.S.: Amar Colony. Mr. Deepesh and Mr. Prayag Sehrawat, Advocate for R-2 with R-2, in-person. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 13.02.2026 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 0485/2024 dated 18.12.2024 registered under sections 498-A /406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Amar Colony, South-East, New Delhi. 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 25/02/2026 at 15:07:41 CRL.M.C. 1231/2026 2. The petition is premised on आपसी सहमित पũ dated 23.06.2025; and Divorce Decree dated 05.07.2025, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent. 3. The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4. The petitioner No.1 as well as respondent No. 2 are present in court. Petitioners Nos. 3 and 5 have joined via video-conferencing. Their credentials have been verified and they have also been identified by their respective counsel. 5. The petitioner No.2 has not joined via video-conferencing since he is stated to be residing in a remote part of the Rajasthan and is unable to do so. Petitioner No.4 is stated to be in Indian Army and presently posted in Siachen and has therefore not been able to join via video- conferencing. 6. The parties have confirmed that no child was born from the wed-lock. 7. No appeal is stated to have been filed from the divorce decree. 8. The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that an आपसी सहमित पũ has been entered into between the parties. She confirms that all aspects of the settlement have now been performed. 9. Mr. Nawal Kishore Jha, learned APP confirms that the State has no objection to the subject FIR being quashed. 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 25/02/2026 at 15:07:41 CRL.M.C. 1231/2026 10. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 11. Accordingly, case FIR No. 0485/2024 dated 18.12.2024 registered under sections 498-A /406/34 of the IPC at P.S.: Amar Colony, South-East, New Delhi is quashed. All proceedings arising therefrom also stand closed. 12. Petition stands disposed-of. 13. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 13, 2026 ss 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 25/02/2026 at 15:07:41