Mukund Kumar Jha and Ors. Vs State through SHO Ps Mukherjee… — Dowry and Cruelty | Delhi HC (2026)

Mukund Kumar Jha and Ors. Vs State through SHO Ps Mukherjee… — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.103/2018 dated 16.02.2018 registered at PS.: Mukherjee Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom; petition disposed of alongwith pending application CRL.M.A. 5782/2026.

Issue for consideration

Whether FIR No.103/2018 dated 16.02.2018 registered at PS.: Mukherjee Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed in view of the Settlement dated 13.12.2024 between petitioner no.1 and respondent no.2.

Court's answer

Since the settlement was arrived at voluntarily between the parties and accompanying affidavits have been filed, 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.

Ratio / Principle

The petition is allowed and FIR No.103/2018 dated 16.02.2018 registered at PS.: Mukherjee Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed.

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J., 20.02.2026) allowed a petition under S.528 BNSS 2023 (CRL.M.C. 1442/2026) seeking quashing of FIR No.103/2018 dated 16.02.2018, PS Mukherjee Nagar, Delhi (Sections 498A/406/34 IPC), and quashed the FIR and all proceedings emanating therefrom. Grounds: settlement dated 13.12.2024 between petitioner no.1 and respondent no.2 before Delhi Mediation Centre, Rohini District Courts (Annexure P3); payment by petitioner no.1 of Rs.22,25,000/- to respondent no.2 as full and final settlement of all her present, past and future claims including alimony and maintenance; dissolution of the marriage by mutual consent under S.13B Hindu Marriage Act, 1955 vide decree dated 04.07.2025; affidavits filed; parties identified by the IO; State APP raised no objection; respondent no.2 affirmed the settlement and consented. Following Jitendra Raghuvanshi v. Babita Raguvanshi (2013) 4 SCC 58, 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 continuation of the FIR would be an exercise in futility. Petition and pending application CRL.M.A. 5782/2026 disposed of accordingly.

$~48

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1442/2026, CRL.M.A. 5782/2026

MUKUND KUMAR JHA AND ORS. .....Petitioners

Through: Mr. Ashok Kumar Jha, Advocate with petitioners in person

versus

STATE THROUGH SHO PS MUKHERJEE NAGAR AND ANR

.....Respondents

Through: Mr. Raghuinder Verma, APP for State with Ms. Upasna Bakshi, Advocate with SI Kishan Pal Singh, PS: Mukherjee Nagar IO Ashok Kumar

Mr. Vinod Kumar Jha, Advocate for R-2 with R-2 in person

CORAM:

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

% 20.02.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.103/2018 dated 16.02.2018 registered at PS.: Mukherjee Nagar, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the Settlement dated 13.12.2024 [ Annexure P3 ] arrived at between the petitioner no.1 and the respondent no.2 before Delhi Mediation Centre, Rohini District Courts, Delhi, which is accompanied by their respective proofs of identities.

Issue notice. Learned APP 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 dated 13.12.2024, whereby the

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 24/02/2026 at 12:07:39

petitioner no.1 has already paid her a total sum of Rs.22,25,000/- 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 under Section 13B of the Hindu Marriage Act, 1955 vide judgment/ decree dated 04.07.2025, and she has no objection to the quashing of the aforesaid.

The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

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, the parties shall remain bound by all the terms and conditions thereof. 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 , continuation of the aforesaid FIR against the petitioners will be an exercise in futility.

Accordingly, the petition is allowed and FIR No.103/2018 dated 16.02.2018 registered at PS.: Mukherjee Nagar, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

Accordingly, the petition, alongwith the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J.

FEBRUARY 20, 2026/So

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 24/02/2026 at 12:07:39