MAHIPAL SINGH AND ORS v. STATE GOVT OF NCT OF DELHI AND ANR
CRL.M.C./3631/2026 · 2026-05-11
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8775 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8775 (DEL) · dailylaw.ai ]
Judgment text
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$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3631/2026, CRL.M.A. 14756/2026
MAHIPAL SINGH AND ORS.
.....Petitioners Through: Mr. Parshuram, Mr. Banke Bihari and Mr. Himanshu, Advs. with petitioners in person
versus
STATE GOVT OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP for the State
Mr. Imtiyaz Hussain and Ms. Shabayat Hussain, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
11.05.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.456/2021 dated 16.08.2021 registered at PS.: Swaroop Nagar, Delhi under Sections 406/498A/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement Agreement dated 07.03.2025 (Annexure A3), arrived at between the petitioner no.1 and the respondent no.2, which is accompanied by their respective proofs of identities.
2. Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.
3. Respondent no.2, present in Court, also accepts notice and affirms 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 13/05/2026 at 11:15:31
the terms of the aforesaid Settlement Agreement dated 07.03.2025. She submits that in compliance thereof out of the total settlement amount of Rs.4,25,000/-, the petitioner no.1 has already paid her an amount of Rs.2,75,000/- and a Demand Draft being DD No.090050 dated 24.03.2026 (State Bank of India, Branch-Mathura Refinery Township) of Rs.1,50,000/- has been handed over to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. She further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide Decree dated 23.12.2025, and as such, she has no objection to the quashing of the aforesaid FIR.
4. The petitioners and the respondent no.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer.
5.
Facts disclose that a settlement has already been arrived voluntarily between the petitioner no.1 and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. 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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility.
6. Thus, the present petition is allowed and FIR No.456/2021 dated 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 13/05/2026 at 11:15:31
16.08.2021 registered at PS.: Swaroop Nagar, Delhi under Sections 406/498A/34 of the IPC and all proceedings emanating therefrom are hereby quashed.
7. Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms.
SAURABH BANERJEE, J MAY 11, 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 13/05/2026 at 11:15:31