Kasif Ali @ Ayan Choudhary & Ors. Vs the State of NCT of… — Dowry and Cruelty | Delhi HC (2026)

Kasif Ali @ Ayan Choudhary & Ors. Vs the State of NCT of… — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.118/2025 dated 06.06.2025 registered at PS.: South Campus, Delhi under Sections 85/316(2)/3(5) of the BNS and all proceedings emanating therefrom; petition disposed of alongwith pending applications.

Issue for consideration

Whether FIR No.118/2025 dated 06.06.2025 registered at PS.: South Campus, Delhi under Sections 85/316(2)/3(5) of the BNS, and all proceedings emanating therefrom, should be quashed in view of the Memorandum of Understanding/Settlement Deed dated 28.11.2025 between petitioner no.1 and respondent no.2. +1 more

Court's answer

The petition is allowed and FIR No.118/2025 dated 06.06.2025 registered at PS.: South Campus, Delhi under Sections 85/316(2)/3(5) of the BNS and all proceedings emanating therefrom are hereby quashed.

Ratio / Principle

Since a settlement had already been arrived at voluntarily between the parties for bringing their disputes to a naught, they agreed to remain bound by all its terms and conditions, and accompanying affidavits of the parties were filed, then following the law laid down by the Hon'ble 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 will be an exercise in futility.

Key takeaways

The petition, alongwith the pending applications, is disposed of.ratio¶22

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 16.02.2026 in CRL.M.C. 1285/2026: Petition under Section 528 BNSS seeking quashing of FIR No.118/2025 dated 06.06.2025, PS.: South Campus, Delhi, under Sections 85/316(2)/3(5) of the BNS, and all proceedings emanating therefrom, allowed. Basis: Memorandum of Understanding/Settlement Deed dated 28.11.2025 (Annexure B) between petitioner no.1 and respondent no.2; Rs.8,00,000 of the total Rs.16,00,000 settlement already paid, and the balance Rs.8,00,000 handed over in Court via Demand Draft no.108262 dated 09.12.2025 (Punjab National Bank, Sewa Bhawan, R.K. Puram) as full and final settlement of all present, past and future claims including alimony and maintenance; marriage dissolved by Mubarat-Nama/Mutual Divorce Deed dated 28.11.2025 (Annexure C); respondent no.2 affirmed the settlement and raised no objection; learned APP for the State also had no objection; parties identified by the IO; affidavits filed. Following the law laid down by the Hon'ble 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 held to be an exercise in futility; FIR and all proceedings emanating therefrom quashed; petition alongwith pending applications disposed of.

$~62

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1285/2026

KASIF ALI @ AYAN CHOUDHARY & ORS. .....Petitioners Through: Mohd. Khalid Ashraf and Mr. Abuzar Umar, Advs. alongwith petitioners in person.

versus

THE STATE OF NCT OF DELHI AND ANR

.....Respondents Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Advocate and SI Sanyukta, PS.: South Campus. Mr. Misbah Khan and Ms. Sana Malik, Advs. for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 16.02.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of FIR No.118/2025 dated 06.06.2025 registered at PS.: South Campus, Delhi under Sections 85/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and all proceedings emanating therefrom, in view of the Memorandum of Understanding/ Settlement Deed dated 28.11.2025 [ Annexure B ] arrived at between petitioner no.1 and respondent no.2, which is accompanied by their respective proofs of identity.

Issue notice. Learned APP for the State accepts notice, and submits

This is a digitally signed order.

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that he has no objection to the quashing of the aforesaid FIR.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the Memorandum of Understanding/ Settlement Deed dated 28.11.2025, whereby the petitioner no.1 has already paid her a sum of Rs.8,00,000/- out of the total settlement amount of Rs.16,00,000/- and today, has further handed over the remaining settlement amount of Rs.8,00,000/- in Court via Demand Draft dated 09.12.2025 bearing no. 108262 (Bank: Punjab National Bank, Branch: Sewa Bhawan, R. K. Puram, New Delhi) to her 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 Mubarat-Nama/ Mutual Divorce Deed dated 28.11.2025 which is annexed as Annexure C , and she has no objection to the quashing of the aforesaid FIR.

The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 12. Since, a settlement has already been arrived at voluntarily between the parties for bringing their disputes to a naught, as also since they agree that they shall remain bound by all the terms and conditions thereof, and there are accompanying affidavit(s) of the parties involved have also been filed herewith, 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.

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 18/02/2026 at 12:04:38

Accordingly, the petition is allowed and FIR No.118/2025 dated 06.06.2025 registered at PS.: South Campus, Delhi under Sections 85/316(2)/3(5) of the BNS and all proceedings emanating therefrom are hereby quashed.

Accordingly, the petition, alongwith the pending applications, is disposed of.

SAURABH BANERJEE, J.

FEBRUARY 16, 2026/ bh

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 18/02/2026 at 12:04:38