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2048 DAILYLAW 4 (DEL)

ARSHAD AND ORS v. THE STATE GOVT OF NCT OF DELHI AND ANR

CRL.M.C./2048/2026 · 2026-03-19

Saurabh Banerjee

body2048

Judgment text

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$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2048/2026 ARSHAD AND ORS .....Petitioners Through: Mr. Sunil Yadav, Adv. (through VC) with petitioners in person. versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh and Ms. Upasana Bakshi, Advocates with SI Vikram Singh, PS.: Welcome. Mr. B. W. Lohia, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 19.03.2026 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. 345/2022 dated 24.05.2022 registered at PS.: Welcome under Sections 498A/406/354/34 of the Indian Penal Code, 1860 (IPC) read with Section 4 of the Dowry Prohibition Act, 1961 (DP Act) and all proceedings emanating therefrom since the petitioner no.1 and respondent no.2 have settled all their disputes, the terms whereof are reduced to writing in Memorandum of Understanding dated 23.08.2025 [Annexure ‘C’] as also they are living together amicably, which is accompanied by their respective proofs of identities. 2. Issue notice. Learned APP for the State accepts notice, and submits, 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 23/03/2026 at 10:26:48 that he has no objection to the quashing of the aforesaid FIR. 3. Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Memorandum of Understanding and submits that she has no objection to the quashing of the aforesaid FIR as the petitioner no.1 and she are living together amicably. 4. The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 5. Facts disclose that the parties are now living together amicably and have voluntarily arrived at a settlement, and thus have filed their respective affidavit(s) along with the present petition. As such, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. Thus, 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 petitioner will be an exercise in futility. 6. Resultantly, the present petition is allowed and FIR No. 345/2022 dated 24.05.2022 registered at PS.: Welcome under Sections 498A/406/354/34 of the IPC read with Section 4 of the DP Act and all proceedings emanating therefrom are hereby quashed. 7. Accordingly, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J. MARCH 19, 2026/bh 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 23/03/2026 at 10:26:48