Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1194/2026, CRL.M.A. 4778/2026 JITENDER KUMAR AND ORS .....Petitioners Through: Mr. Sanjay Kumar Sharma, Adv. alongwith the petitioners
Versus
STATE GOVT OF NCT DELHI AND ANR .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Mr. Ashish Mahani, Ms. Upasna Bakshi and Mr. Bharat Sharma, Advs. alongiwth the respondent no.2 SI- Bharat Lohchab, PS: South Rohini SI- Dairaj Singh, PS: Shalimar Bagh
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 12.02.2026
1. By virtue of the present petition under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.471/2022 dated 12.05.2022 registered at PS: Shalimar Bagh under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Settlement Agreement dated 27.03.2025 [Annexure P5] arrived at between the petitioners and the respondent no.2 before Delhi Mediation Centre, Rohini District Courts, Delhi, which is accompanied by their respective proofs of identity.
2. Issue notice.
3. Learned APP for the State accepts notice, and submits that he has
no objection to the quashing of the aforesaid FIR.
4. Respondent no.2, present in Court, also accepts notice and affirms
the terms of the aforesaid Settlement Agreement whereby the petitioner no.1 has already paid her a sum of Rs.5,50,000/- out of the total settlement amount of Rs.7,00,000/- and has further handed over a DD dated 18.12.2025 bearing No.00544 (Axis Bank, Branch Rani Bagh, Delhi) of Rs.1,50,000/- in Court 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, and she has no objection to the quashing of the aforesaid FIR.
5. The petitioners and the respondent no.2, present in Court, as well as
their credentials, as on record, have been identified by the IO.
6. Since, a settlement has already been arrived at voluntarily between
the parties, as also since, accompanying affidavit(s) of the parties involved have also been filed herewith, and the parties shall remain bound by all the terms and conditions thereof, 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, continuation of the FIR against the petitioners will be
an exercise in futility.
7. Accordingly, the petition is allowed and FIR No.471/2022 dated
12.05.2022 registered at PS: Shalimar Bagh under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.
8. Accordingly, the petition is disposed of.
SAURABH BANERJEE, J
FEBRUARY 12, 2026/Ab