Allowed

Ashok & Ors. v. Govt of NCT of Delhi & Anr.

Delhi HC8 Jan 2026CRL.M.C./153/2026

Case brief

AI extract

What is this about?

Petition to quash an FIR under Sections 498A/406 IPC after the spouses reconciled via a memorandum of understanding. The State and complainant raised no objection. Following Supreme Court precedent, the court held continuation would be futile and quashed the FIR and all proceedings.

What did the court decide?

FIR No.35/2015 under Sections 498A/406 IPC at PS Swaroop Nagar and all proceedings emanating therefrom quashed.

Ashok & Ors. Vs Govt of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

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$~51

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 153/2026

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ASHOK & ORS. .....Petitioners

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Through: Mr. Mithilesh Kumar Pathak, Advocate with petitioners in person.

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versus

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GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Advocate with SI Sameer, PS: Swaroop Nagar Mr. Parvez Haider, Advocate for R- 2 with R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R

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% 08.01.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) ( erstwhile Section 482 of the Code of Criminal Procedure, 1973), the petitioners seek quashing of FIR No.35/2015 dated 17.01.2015 registered under Sections 498A/406 of the Indian Penal Code, 1860 ( IPC ) at PS: Swaroop Nagar, Delhi and all proceedings emanating therefrom on the ground that the parties have settled their disputes and are now residing together at their matrimonial home, as recorded in the Memorandum of Understanding dated 05.12.2025.

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The present petition is also accompanied by the said Memorandum of Understanding dated 05.12.2025 [ Annexure-P-2 (Colly.) ], as well as is supported by affidavits of all the petitioners and of respondent no.2,

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This is a digitally signed order.

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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 12/01/2026 at 11:48:32

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alongwith their respective proofs of identity.

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Issue notice.

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Learned APP for the State accepts notice and confirms that he has no objection to the quashing of the FIR No.35/2015 dated 17.01.2015.

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Respondent no.2, present in Court, also accepts notice and confirms that she has settled all her disputes with the petitioners vide Memorandum of Understanding dated 05.12.2025 and that she is now residing with the petitioner no.1 at her matrimonial home. She further states that in view of her having no grievances left against the petitioners, she does not wish to pursue the present proceedings and has already withdrawn all other pending litigations against the petitioners. She states that she has no objection to the quashing of the FIR No.35/2015 dated 17.01.2015.

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

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In view of the fact that all disputes have been reconciled between the petitioner no.1 and the respondent no.2, for maintenance of peace and harmony between the parties and for the well-being of the minor children born out of the wedlock between the petitioner no.1 and respondent no.2, 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, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.

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Accordingly, the present petition is allowed and FIR No.35/2015 dated 17.01.2015 registered under Sections 498A/406 of the IPC at PS:

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This is a digitally signed order.

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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 12/01/2026 at 11:48:32

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Swaroop Nagar, Delhi and all proceedings emanating therefrom are quashed.

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Accordingly, the present petition is disposed of.

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SAURABH BANERJEE, J

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JANUARY 8, 2026/So

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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 12/01/2026 at 11:48:32

Ashok & Ors. v. Govt of NCT of Delhi & Anr.

Case brief

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What did the court decide?

Ashok & Ors. v. Govt of NCT of Delhi & Anr.

Case brief

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