Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2697/2026, CRL.M.A. 10950/2026 GIRISH KUMAR .....Petitioner Through: Mr. Rahul Tandon, Adv. with petitioner in person.
versus
THE STATE NCT OF DELHI AND ANOTHERS .....Respondent Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Advocate Insp. Dhan Singh Malik, PS.: Paharganj, Central SI Brij Mohan, PS.: Subzi Mandi Mr. Raj Kumar Singh and Mr. Neelesh Sagar, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 10.04.2026
1. By virtue of the present petition under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of the FIR No.291/2018 dated 09.10.2018 registered at PS.: Subzi Mandi, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Memorandum of Understanding (MOU) dated 12.02.2024 (Annexure P4), whereby the petitioner and the respondent no.2 have mutually and amicably resolved their disputes.
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 MOU. She submits that in compliance thereof the petitioner has already paid her the total settlement amount of Rs.4,00,000/- 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, 1995 vide Decree dated 27.10.2025, and as such, she has no objection to the quashing of the aforesaid FIR.
5. The petitioner and the respondent no.2, present in Court, as well as
their credentials as on record, have been identified by the Investigating Officer.
6. Facts disclose that a settlement has already been arrived voluntarily
between the petitioner 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 petitioner will be an exercise in futility.
7. Thus, the present petition is allowed and FIR No.291/2018 dated
09.10.2018 registered at PS.: Subzi Mandi, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.
8. Accordingly, the present petition, alongwith the pending
application, is disposed of in the aforesaid terms.
SAURABH BANERJEE, J.
APRIL 10, 2026/bh