Swarn Preet Singh and Ors. Vs State ( NCT of Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2026)

Swarn Preet Singh and Ors. Vs State ( NCT of Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.173/2025 dated 21.06.2025 registered at PS: Delhi Cantt., Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom; petition along with pending application CRL.M.A. 12924/2026 disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.173/2025 dated 21.06.2025 registered at PS: Delhi Cantt. under Sections 498A/406/34 IPC and proceedings emanating therefrom should be quashed in view of the settlement dated 29.10.2025 between petitioner no.1 and respondent no.2.

Court's answer

Following the law laid down by the Supreme Court in Jitendra Raghuvanshi, Gian Singh and Narinder Singh, since a voluntary settlement had been arrived at and there was nothing left to corroborate and prove the prosecution case, continuation of the FIR against the petitioners would be an exercise in futility.

Ratio / Principle

The petition is allowed and FIR No.173/2025 dated 21.06.2025 registered at PS: Delhi Cantt., Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed; the petition along with the pending application is disposed of accordingly.

Key takeaways

The petitioners and respondent no.2 shall remain bound by all the terms and conditions of the settlement arrived at inter se themselves.obiter¶¶18

Detailed headnote1 paragraphs

Quashing of FIR – Matrimonial dispute – FIR No.173/2025 dated 21.06.2025, PS: Delhi Cantt., under Sections 498A/406/34 IPC – Petition under Article 226 of the Constitution read with Section 528 BNSS – Parties settled their disputes vide Settlement dated 29.10.2025; petitioner no.1 paid Rs.3,50,000 out of Rs.5,00,000 and handed over Demand Draft of Rs.1,50,000 as full and final settlement of all claims including alimony and maintenance – Marriage dissolved by mutual consent under Section 13B(2) Hindu Marriage Act, 1955 vide decree dated 21.02.2026 – Following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, nothing left to corroborate and prove the prosecution case; continuation of FIR held an exercise in futility – FIR and all proceedings emanating therefrom quashed; petition allowed and disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1348/2026 & CRL.M.A. 12924/2026

SWARN PREET SINGH AND ORS. .....Petitioners

Through: Ms. Nidhi Saxena, Advocate

versus

STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjeev Bhandari, ASC for the State

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 11.05.2026

By virtue of the present petition under Article 226 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of the FIR No.173/2025 dated 21.06.2025 registered at PS: Delhi Cantt., Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and proceedings emanating therefrom, in view of Settlement dated 29.10.2025 ( Annexure B ), whereby the petitioner no.1 and the respondent no.2 have mutually resolved their disputes.

Issue notice. Learned ASC for the State accepts notice and submits 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 aforesaid Settlement. She submits that in compliance thereof the petitioner no.1 has already paid her the settlement amount of Rs.3,50,000/- out of the total settlement amount of Rs. 5,00,000/- and has further handed over a Demand Draft of Rs.1,50,000/- dated 23.04.2026 bearing No. 012415 drawn on (HDFC Bank) as full and final settlement of all her present, past and future claims including alimony, maintenance,

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 13/05/2026 at 12:04:25

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, 1955 vide Decree dated 21.02.2026, and as such, 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. 5. Facts disclose that a settlement has already been arrived voluntarily between the petitioners 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 petitioners will be an exercise in futility.

Thus, the present petition is allowed and FIR No.173/2025 dated 21.06.2025 registered at PS: Delhi Cantt., Delhi under Sections 498A/406/ 34 IPC and all proceedings emanating therefrom are hereby quashed. 7. Accordingly, the present petition, along with the pending application is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

MAY 11, 2026/rr

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 13/05/2026 at 12:04:25