Quashed¶33

Hari Shankar Kumar Jha v. State Govt of NCT of Delhi & Anr.

Delhi HC8 Jan 2026CRL.M.C./140/2026

Case brief

AI extract

What is this about?

Quashing of FIR on settlement/MOU; matrimonial dispute; sections 498-A/406/34 IPC; FIR No. 245/2022 dated 12.04.2022; P.S. Mohan Garden, Dwarka, Delhi; petition under section 528 BNSS; Gian Singh v. State of Punjab (2012) 10 SCC 303; Narinder Singh v. State of Punjab (2014) 6 SCC 466; State no objection; condonation of 39 days' delay in re-filing (CRL.M.A. 499/2026); Delhi High Court; order dated 08.01.2026; Justice Anup Jairam Bhambhani.

What did the court decide?

Quashing of FIR No. 245/2022 dated 12.04.2022 (sections 498-A/406/34 IPC, P.S. Mohan Garden, Dwarka, Delhi) and closure of all proceedings arising therefrom; petition and pending applications disposed-of. ¶33

Hari Shankar Kumar Jha Vs State Govt of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether FIR No. 245/2022 dated 12.04.2022 registered under sections 498-A/406/34 IPC at P.S. Mohan Garden, Dwarka, Delhi, and all proceedings emanating therefrom, ought to be quashed in view of the settlement between the parties. +1 more

¶27

Court's answer

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, in line with the law laid down in Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the FIR and all proceedings emanating therefrom should be quashed.

¶27

Ratio / Principle

The delay of about 39 days in re-filing the quashing petition is condoned, and CRL.M.A. 499/2026 is allowed and disposed-of.

¶12

Key takeaways

FIR No. 245/2022 dated 12.04.2022 registered under sections 498-A/406/34 of the IPC at P.S. Mohan Garden, Dwarka, Delhi is quashed, and all proceedings arising therefrom stand closed.ratio¶33

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.), Order dated 08.01.2026 in CRL.M.C. 140/2026 (petition under s. 528 BNSS): Quashed FIR No. 245/2022 dated 12.04.2022 registered under sections 498-A/406/34 IPC at P.S. Mohan Garden, Dwarka, Delhi, and closed all proceedings arising therefrom. The petition was premised on a Memorandum of Understanding/Settlement dated 15.07.2025, pursuant to which respondent No. 2 re-joined petitioner No. 1 and they have lived together since with their 4-year-old son; affidavits of both parties were filed and identities verified in court. Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the court held that continuing with the FIR post-settlement would be an exercise in futility and not conducive to peace and harmony; the State (through learned APP Ms. Richa Dhawan) raised no objection. A companion application CRL.M.A. 499/2026 condoning about 39 days' delay in re-filing was allowed. Petition and pending applications disposed-of.

¶1

$~78

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 140/2026

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HARI SHANKAR KUMAR JHA .....Petitioner

¶5

Through: Counsel (appearance not given) Petitioner (in-person)

¶6

versus

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STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Richa Dhawan, APP for State. SI Nikki, P.S.: Mohan Garden, Delhi. Respondent No.2 (in-person)

¶8

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

¶9

O R D E R % 08.01.2026

¶10

CRL.M.A. 499/2026 (condonation of 39 days’ delay in re-filing)

¶11

By way of the present application filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the applicant/petitioner seeks condonation of about 39 days’ delay in re - filing the quashing petition.

¶12

For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.

¶13

The application is allowed.

¶14

The application is disposed-of.

¶15

CRL.M.C. 140/2026

¶16

By way of the present petition filed under section 528 of the BNSS, the petitioner seeks quashing of case FIR No. 245/2022 dated

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Page 1 of 3

¶18

CRL.M.C. 140/2026

¶19

This is a digitally signed order.

¶20

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 15/01/2026 at 12:27:50

¶21

12.04.2022 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Mohan Garden, Dwarka, Delhi.

¶22

The petition is premised on Memorandum of Understanding/Settlement dated 15.07.2025.

¶23

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

¶24

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.

¶25

The parties are stated to have resolved all their disputes amicably and in view of the settlement, respondent No.2 has re-joined the company of petitioner No. 1 on 15.07.2025 and they have been living together since, alongwith their 04-year-old son.

¶26

Ms. Richa Dhawan, learned APP confirms that the State has no objection to the subject FIR being quashed.

¶27

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.

¶28

Accordingly, case FIR No. 245/2022 dated 12.04.2022 registered under sections 498-A/406/34 of the IPC at P.S.: Mohan Garden,

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Page 2 of 3

¶30

CRL.M.C. 140/2026

¶31

This is a digitally signed order.

¶32

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 15/01/2026 at 12:27:50

¶33

Dwarka, Delhi is quashed. All proceedings arising therefrom also stand closed.

¶34

Petition stands disposed-of.

¶35

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

¶36

ANUP JAIRAM BHAMBHANI, J

¶37

JANUARY 8, 2026 ss

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Page 3 of 3

¶39

CRL.M.C. 140/2026

¶40

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 15/01/2026 at 12:27:50

Hari Shankar Kumar Jha v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Hari Shankar Kumar Jha v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

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What the court decided

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