Mukesh Kumar Vs State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2026)

Mukesh Kumar Vs State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2026)

What the court decided

AI extract

Outcome

Case FIR No.33/2021 dated 13.01.2021 (Ss.498-A/406/34 IPC, P.S. Nand Nagri) quashed; all proceedings arising therefrom closed; petition stands disposed-of and pending applications, if any, also disposed-of.

Issue for consideration

Whether case FIR No.33/2021 dated 13.01.2021 (Ss.498-A/406/34 IPC, P.S. Nand Nagri) and all proceedings emanating therefrom should be quashed in view of the mediated settlement between the parties and the divorce decree by mutual consent.

Court's answer

Case FIR No.33/2021 dated 13.01.2021 registered under sections 498-A/406/34 IPC at P.S.: Nand Nagri, Delhi is quashed and all proceedings arising therefrom stand closed.

Ratio / Principle

In light of the settlement between the contesting parties, continuing with the subject FIR and subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties; in line with the law laid down in Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466 the court saw no reason not to quash.

Key takeaways

Nothing in the settlement between the parties would affect the right of the minor child to meet his father, if and when he so desires, subject to logistical convenience of the parties — despite the settlement recording that the petitioner shall have no visitation rights.obiter¶11
The settlement leading to closure of criminal proceedings will in no way affect the property rights and other rights of the minor child, Divansh, vis-à-vis his father, as may be available under law.obiter¶12

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — petition under Article 226 of the Constitution read with S.528 BNSS 2023 by former husband for quashing FIR No.33/2021 (Ss.498-A/406/34 IPC, P.S. Nand Nagri) premised on Mediated Settlement dated 07.07.2025 (Delhi Mediation Centre, Karkardooma) and Divorce Decree dated 17.10.2025 under S.13-B(1)/(2), Hindu Marriage Act 1955; respondent No.2 confirmed full-and-final settlement of Rs.50,000/- (Rs.30,000/- earlier, Rs.20,000/- paid in court) covering maintenance, stridhan, dowry articles, jewellery and permanent alimony; State raised no objection. 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 continuance of the FIR would be an exercise in futility and not conducive to peace and harmony; FIR and all proceedings therefrom quashed/closed. Court clarified that the child (Divansh)'s right to meet his father survives notwithstanding the no-visitation clause, and that the settlement does not affect the minor's property or other legal rights vis-à-vis his father. Petition and pending applications disposed of.

$~81

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 167/2026, CRL.M.A. 1518/2026 MUKESH KUMAR .....Petitioner

Through: Mr.Samar Gulrez, Advocate.

versus

STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State.

WSI Prachi Singh, P.S. Nand Nagri. Mr. Jitendra Kumar, Advocate for R- 2 alongwith respondent No.2.

CORAM:

%

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R 16.01.2026

By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner, who is the former husband of the complainant/respondent No.2, seeks quashing of case FIR No.33/2021 dated 13.01.2021 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Nand Nagri, Delhi.

The petition is premised on Mediated Settlement dated 07.07.2025 arrived at before the Delhi Mediation Centre, Karkardooma, Delhi; and Divorce Decree dated 17.10.2025, which is the culmination of petitions under sections 13-B(1) and 13-B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

W.P.(CRL) 167/2026

Page 1 of 3

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 30/01/2026 at 13:40:28

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

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.

The parties have confirmed that one child, viz. Divansh, was born from the wedlock, who is minor as of date.

No appeal is stated to have been filed from the divorce decree.

The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement deed has been signed between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan , dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 50,000/- from the petitioner; out of which Rs. 30,000/- was paid earlier and Rs. 20,000/- has been paid in court today, in compliance of the terms of the settlement. Respondent No.2 confirms that all aspects of the settlement have now been performed.

Mr. Sanjay Lao, learned Standing Counsel (Criminal) confirms that the State has no objection to the subject FIR being quashed.

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

W.P.(CRL) 167/2026

Page 2 of 3

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 30/01/2026 at 13:40:28

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

Accordingly, case FIR No.33/2021 dated 13.01.2021 registered under sections 498-A/406/34 of the IPC at P.S.: Nand Nagri, Delhiis quashed. All proceedings arising therefrom also stand closed.

Though the mediated settlement also records that the minor child of the parties shall remain in the custody of respondent No.2, and that the petitioner shall have no visitation rights, it is made clear that nothing in the settlement between the parties would affect the right of the minor child to meet his father, if and when he so desires, subject to logistical convenience of the parties.

Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order, will in no way affect the property rights and other rights of the minor child, namely Divansh vis-à-vis his father, as may be available under law, in any manner whatsoever.

Petition stands disposed-of.

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

ANUP JAIRAM BHAMBHANI, J.

JANUARY 16, 2026 V.Rawat

W.P.(CRL) 167/2026

Page 3 of 3

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 30/01/2026 at 13:40:28