The Delhi High Court quashed FIR No. 5/2019 u/s 498-A, 406, and 34 IPC, citing a mediated settlement and mutual consent divorce. Relying on precedent, the court held that continuing proceedings would be futile given the settlement and lack of conflict.
FIR No. 5/2019 and all proceedings arising therefrom are quashed and closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SUNIL KUMAR .....Petitioner Through: Mr. R.S. Maurya and Mr. Harish, Advocates. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State with SI Ravi Rana, P.S. Narela, Industrial Area. Mr. Deepak Kumar, Advocate for the Respondent.
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R % 07.10.2024
CRL.M.A. 30068/2024 (exemption)
Exemption granted, subject to just exceptions.
The application stands disposed-of.
CRL.M.C. 7882/2024
By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No. 5/2019 dated 07.01.2019 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Narela Industrial Area, Delhi.
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CRL.M.C. 7882/2024 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 02/07/2025 at 08:58:32
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CRL.M.C. 7882/2024 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 02/07/2025 at 08:58:32
of the mediated settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.
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CRL.M.C. 7882/2024 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 02/07/2025 at 08:58:32
ANUP JAIRAM BHAMBHANI, J
OCTOBER 7, 2024/ ak
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CRL.M.C. 7882/2024
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 02/07/2025 at 08:58:32
3 issues framed by the court
Whether FIR No. 5/2019 registered under sections 498-A, 406, and 34 IPC should be quashed in light of the mediated settlement and mutual consent divorce decree.
Whether continuing with the criminal proceedings would be conducive to peace and harmony between the parties.
Whether the settlement agreement regarding minor child custody affects the child's right to interact with the father.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab & Anr.Followed¶25
(2012) 10 SCC 303 · Who else cites this
Narinder Singh & Ors. vs. State of Punjab & Anr.Followed¶25
(2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Sunil Kumar
State Govt. of NCT of Delhi
Respondent No. 2
Anup Jairam Bhambhani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
