Sh.Naresh Kumar Vs State of NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2026)

Sh.Naresh Kumar Vs State of NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2026)

What the court decided

AI extract

Outcome

FIR No. 439/2016 dated 02.08.2016 and all proceedings emanating therefrom quashed/closed; express clarification that the petitioner (father) retains visitation rights to his minor daughter, custody remaining with the mother; closure not to affect the children's property and other rights under law; exemption application CRL.M.A. 4431/2026 disposed of.

Issue for consideration

Whether FIR No. 439/2016 dated 02.08.2016 registered under sections 498-A/406 IPC at P.S.: New Ashok Nagar, Delhi, and all proceedings emanating therefrom, should be quashed in light of the parties' mediated settlement and mutual-consent divorce. +1 more

Court's answer

In light of the settlement between the contesting parties (mediated settlement agreement of 28.07.2025 and mutual-consent divorce), continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties; hence the FIR and all proceedings emanating therefrom should be and are quashed, in line with the law laid down in Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466.

Ratio / Principle

FIR No. 439/2016 dated 02.08.2016 registered under sections 498-A/406 IPC at P.S.: New Ashok Nagar, Delhi is quashed, and all proceedings arising therefrom stand closed.

Key takeaways

Regardless of what has been recorded in the mediated settlement agreement dated 28.07.2025, the petitioner (father) is entitled to visitation rights to his minor daughter; custody of the minor daughter remains with the mother and the petitioner may meet his daughter as per the logistical convenience of the parties.ratio¶33
The settlement leading to closure of all criminal proceedings will in no way affect the property rights and other rights of both children (Arnav and Akshita) vis-à-vis their parents, as may be available under law.ratio¶37
A copy of the order is to be forwarded to the Secretary of the Delhi Mediation Centre, Karkardooma Courts, Delhi, who must bring the clause 9(vii) recording lapse to the notice of the learned Mediator who oversaw the settlement, to be cautious in future and accurately record settlements between parties.

Detailed headnote1 paragraphs

High Court of Delhi, CRL.M.C. 1121/2026 (Anup Jairam Bhambhani J., 26.02.2026): Petition under s. 528 BNSS 2023 by Sh. Naresh Kumar, former husband of complainant/respondent No. 2, seeking quashing of FIR No. 439/2016 dt. 02.08.2016 under ss. 498-A/406 IPC, P.S. New Ashok Nagar, disposed of by quashing the FIR and closing all proceedings arising therefrom. Grounds: Mediated Settlement Agreement dt. 28.07.2025 before the Delhi Mediation Centre, Karkardooma Courts, and Divorce Decree dt. 20.11.2025 under ss. 13B(1)/13B(2) Hindu Marriage Act 1955 (no appeal filed); respondent No. 2 (Ms. Babita) confirmed receipt of Rs. 16,00,000/- in full-and-final settlement of maintenance, stridhan, dowry articles, jewellery and permanent alimony, and that all aspects of the settlement stood performed; the State raised no objection. Quashing made in line with Gian Singh v. State of Punjab (2012) 10 SCC 303 and Narinder Singh v. State of Punjab (2014) 6 SCC 466; continuing the FIR post-settlement held an exercise in futility, non-conducive to peace and harmony. The Court clarified that, notwithstanding clause 9(vii) of the settlement recording that the minor girl-child remains with the mother with no paternal custody/visitation claim, the father remains entitled to visitation of the minor daughter (custody with the mother; meetings per the parties' logistical convenience), and the closure does not affect the property or other rights of the children (Arnav and Akshita) vis-à-vis their parents. The Secretary, Delhi Mediation Centre, Karkardooma Courts, was directed to apprise the mediator concerned, and all mediators generally, to record settlement agreements carefully and accurately and not draw them from templates.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1121/2026

SH.NARESH KUMAR .....Petitioner Through: Ms. Deeksha Anand and Mr. Parmanand, Advocates. Petitioner (in-person).

versus

STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State. SI Anshul, P.S.: New Ashok Nagar. Respondent No.2 (in-person).

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 26.02.2026

CRL.M.A. 4431/2026 (exemption)

Exemption granted, subject to just exceptions.

The application stands disposed-of.

CRL.M.C. 1121/2026

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner, who is the former husband of the complainant/respondent No. 2, seeks quashing of case FIR No. 439/2016 dated 02.08.2016 registered under sections 498-A/406 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: New Ashok Nagar, Delhi.

The petition is premised on a Mediated Settlement Agreement dated 28.07.2025 arrived at before the Delhi Mediation Centre, Karkardooma Courts, Delhi; and Divorce Decree dated 20.11.2025, which is the culmination of petitions under sections 13B(1) and

CRL.M.C. 1121/2026

Page 1 of 4

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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 12/03/2026 at 12:58:35

13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

The petition is supported by affidavits of the petitioner, as also of respondent No. 2, alongwith proof of their IDs.

The petitioner as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

The parties have confirmed that two children, viz. , Arnav and Akshita, were born from the wedlock, one of whom (Akshita) is minor as of date.

No appeal is stated to have been filed from the divorce decree.

The court has queried Ms. Babita, respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a mediated settlement agreement has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan , dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 16,00,000/- from the petitioner, which money has been received by her. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

Though clause 9 (vii) of the settlement agreement records that the minor girl-child of the parties shall remain with the mother; and that the father shall not claim custody or visitation rights in respect of his daughter at any stage, however, upon query, respondent No.2 says that she had never said that the petitioner would not be permitted visitation rights to his minor daughter. The petitioner also confirms

CRL.M.C. 1121/2026

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this position. This is contrary to what is recorded in clause 9 (vii) of the settlement agreement.

It is therefore clarified that regardless of what has been recorded in mediated settlement agreement dated 28.07.2025, the petitioner (father) shall be entitled to visitation rights to his minor daughter; and though the custody of the minor daughter shall remain with the mother, the petitioner shall be entitled to meet his daughter as per logistical convenience of the parties.

Mr. Nawal Kishore Jha, learned APP confirms that the State has no objection to the subject FIR being quashed.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

Accordingly, FIR No. 439/2016 dated 02.08.2016 registered under sections 498-A/406 IPC at P.S.: New Ashok Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

Needless to add that the settlement between the parties, leading to the closure of all criminal proceedings by way of the present order, will in no way affect the property rights and other rights of both children,

CRL.M.C. 1121/2026

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namely Arnav and Akshita vis-à-vis their parents, as may be available under law, in any manner whatsoever.

Considering what has been recorded in clause 9 (vii) of the settlement agreement, let a copy of this order be forwarded to the Secretary of the Delhi Mediation Centre, Karkardooma Courts, Delhi, who must bring this to the notice of the learned Mediator who had overseen the settlement process, to be cautious in future and accurately record settlements between parties.

The Secretary, Delhi Mediation Centre, Karkardooma Courts, Delhi, is also requested to bring to the notice of all learned Mediators, that mediation agreements have to be drawn-up carefully and accurately , faithfully reflecting the agreement between parties; and not taken from templates or formats, since these agreements deal with the lives not only of the parties but often of their minor children.

Petition stands disposed-of in the above terms.

Pending applications, if any, also stand disposed-of.

Let a copy of this order be forwarded to the Secretary of the Delhi Mediation Centre, Karkardooma Courts, Delhi.

ANUP JAIRAM BHAMBHANI, J

FEBRUARY 26, 2026/ ak

CRL.M.C. 1121/2026

Page 4 of 4

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 12/03/2026 at 12:58:35