Allowed¶22

Jitender Kumar and Ors. v. State Govt of NCT Delhi and Anr.

Delhi HC12 Feb 2026CRL.M.C./1194/2026

Case brief

AI extract

What is this about?

Quashing of matrimonial-dispute FIR No.471/2022 dated 12.05.2022 (PS: Shalimar Bagh) under Sections 498A/406/34 IPC on the basis of settlement; petition under Section 528 BNSS 2023; Settlement Agreement dated 27.03.2025 before Delhi Mediation Centre, Rohini District Courts; settlement amount Rs.7,00,000/- (Rs.5,50,000/- paid; DD No.00544 dated 18.12.2025 of Rs.1,50,000/- tendered in Court); marriage dissolved by mutual consent; precedents followed: Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303, Narinder Singh (2014) 6 SCC 466; Delhi High Court, Saurabh Banerjee, J.; decided 12.02.2026.

What did the court decide?

Quashing of 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; petition disposed of. ¶22

Jitender Kumar and Ors. Vs State Govt of NCT Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of 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; petition disposed of.

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Issue for consideration

Whether FIR No.471/2022 dated 12.05.2022 registered at PS: Shalimar Bagh under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed in view of the Settlement Agreement dated 27.03.2025 between the petitioners and respondent no.2.

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Court's answer

Since a settlement has been voluntarily arrived at between the parties, with accompanying affidavit(s) filed binding them to its terms, and following the law laid down by the Supreme Court in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, continuation of the FIR against the petitioners would be an exercise in futility.

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Ratio / Principle

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 quashed; the petition is accordingly disposed of.

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Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), by order dated 12.02.2026 in CRL.M.C. 1194/2026, allowed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and quashed FIR No.471/2022 dated 12.05.2022 registered at PS: Shalimar Bagh under Sections 498A/406/34 IPC and all proceedings emanating therefrom. The quashing rested on a Settlement Agreement dated 27.03.2025 (Annexure P5) arrived at between the petitioners and respondent no.2 before Delhi Mediation Centre, Rohini District Courts, Delhi: petitioner no.1 had already paid Rs.5,50,000/- out of the total settlement of Rs.7,00,000/- and handed over in Court a demand draft dated 18.12.2025 (No.00544, Axis Bank, Branch Rani Bagh, Delhi) of Rs.1,50,000/- as full and final settlement of all present, past and future claims including alimony and maintenance; the marriage stood dissolved by mutual consent. Following the 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, and noting that the State (through the learned APP) and respondent no.2 raised no objection, the Court held that continuation of the FIR after the voluntary settlement would be an exercise in futility, quashed the FIR and disposed of the petition.

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$~82

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1194/2026, CRL.M.A. 4778/2026

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JITENDER KUMAR AND ORS

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.....Petitioners

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Through: Mr. Sanjay Kumar Sharma, Adv. alongwith the petitioners

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Versus

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STATE GOVT OF NCT DELHI AND ANR .....Respondents

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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

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

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% 12.02.2026

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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.

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This is a digitally signed order.

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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 16/02/2026 at 12:25:45

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Learned APP for the State accepts notice, and submits that he has no objection to the quashing of the aforesaid FIR.

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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.

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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.

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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.

¶20

This is a digitally signed order.

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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 16/02/2026 at 12:25:45

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Accordingly, the petition is disposed of.

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SAURABH BANERJEE, J

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FEBRUARY 12, 2026/Ab

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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 16/02/2026 at 12:25:45

Jitender Kumar and Ors. v. State Govt of NCT Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Jitender Kumar and Ors. v. State Govt of NCT Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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