Surojit Das & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

Surojit Das & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.466/2025 dated 11.07.2025 registered at PS: Sarita Vihar under Sections 498A/406/34 IPC and all proceedings emanating therefrom; petition disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.466/2025 dated 11.07.2025 registered at PS: Sarita Vihar under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed, the parties having amicably resolved their disputes and agreed to resume cohabitation.

Court's answer

Since the parties had expressed their clear intention and taken steps towards resuming their matrimonial life and were residing together with their minor child in peace and harmony, and following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi, Gian Singh and Narinder Singh, there was nothing left to corroborate and prove the case of the prosecution; continuation of the FIR against the petitioners would be an exercise in futility.

Ratio / Principle

The present petition is allowed and FIR No.466/2025 dated 11.07.2025 registered at PS: Sarita Vihar under Sections 498A/406/34 IPC and all proceedings emanating therefrom are hereby quashed.

Detailed headnote1 paragraphs

W.P.(CRL) 1527/2026 (High Court of Delhi, Saurabh Banerjee, J., order dated 13.05.2026) - Quashing of FIR - Sections 498A/406/34 IPC - amicable settlement and resumption of cohabitation. Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sought quashing of FIR No.466/2025 dated 11.07.2025 registered at PS: Sarita Vihar under Sections 498A/406/34 IPC and all proceedings emanating therefrom, as petitioner no.1 and respondent no.2 had amicably resolved all their disputes and mutually agreed to resume cohabitation along with their minor child. Learned ASC for the State accepted notice with no objection; respondent no.2, present in Court, confirmed she and petitioner no.1 were living together happily with their minor child and consented to quashing. Facts disclosed the parties had taken steps towards resuming matrimonial life and were residing together in peace and harmony. 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, the Court held there was nothing left to corroborate and prove the case of the prosecution and continuation of the FIR would be an exercise in futility. Petition allowed; FIR and all proceedings emanating therefrom quashed; petition disposed of accordingly.

$~95

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1527/2026 SUROJIT DAS & ORS. .....Petitioners Through: Mr. Prabhat Ranjan and Mr. Shivam Pandey, Advs. with petitioners in person

versus

STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Anand V Khatri, ASC for State SI Sakshi Tanwar, PS.: Sarita Vihar Mr. Priyanshu Upadhyay and Mr. Virat Tripathi, Advs. for R-2 with R-2 present in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.05.2026

By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.466/2025 dated 11.07.2025 registered at PS: Sarita Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the fact that the the petitioner no.1 and the respondent no.2 have amicably resolved all their disputes and have mutually agreed to resume cohabitation along with their minor child. The present petition is accompanied by their respective proofs of identity.

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 submits

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 15/05/2026 at 13:12:34

that she and the petitioner no.1 have amicably resolved all their disputes are now living together happily with their minor child. As such, she submits that 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. 6. Facts disclose that the parties have expressed their clear intention as also taken steps towards resuming their matrimonial life, as they are now residing together alongwith their minor child in peace and harmony. 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.

Accordingly, the present petition is allowed and FIR No.466/2025 dated 11.07.2025 registered at PS: Sarita Vihar under Sections 498A/406/ 34 IPC and all proceedings emanating therefrom are hereby quashed.

As such, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

MAY 13, 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 15/05/2026 at 13:12:34