Sudhir Garg Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

Sudhir Garg Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition under Section 528 BNSS allowed; FIR No.202/2018 dated 04.05.2018 (PS. Karawal Nagar) under Sections 498A/406/506/34 IPC read with Section 4 DPA and all proceedings emanating therefrom quashed; petition disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.202/2018 dated 04.05.2018 registered at PS. Karawal Nagar, Delhi under Sections 498A/406/506/34 IPC read with Section 4 DPA, and all proceedings emanating therefrom, should be quashed in view of the settlement dated 03.03.2020 between the petitioner and respondent no.2.

Court's answer

In view of the voluntary settlement between the parties, the parties shall remain bound by all its terms and conditions arrived inter se themselves.

Ratio / Principle

Following the law laid down in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, since there was nothing left to corroborate and prove the case of the prosecution, continuation of the FIR against the petitioner would be an exercise in futility.

Key takeaways

The petition is allowed; FIR No.202/2018 dated 04.05.2018 registered at PS. Karawal Nagar, Delhi under Sections 498A/406/506/34 IPC read with Section 4 DPA and all proceedings emanating therefrom stand quashed.ratio¶¶19

Detailed headnote1 paragraphs

Quashing — matrimonial dispute — settlement. The High Court of Delhi (Saurabh Banerjee, J.) allowed CRL.M.C. 1851/2026 filed under Section 528 BNSS (earlier Section 482 CrPC, 1973) and quashed FIR No.202/2018 dated 04.05.2018 registered at PS. Karawal Nagar, Delhi under Sections 498A/406/506/34 IPC read with Section 4 DPA, together with all proceedings emanating therefrom. The quashing rested on the voluntary settlement dated 03.03.2020 (Annexure P2) arrived at between the petitioner and respondent no.2 before the Delhi Mediaton Centre, Karkardooma Courts, pursuant to which the petitioner had paid Rs.3,00,000/- as full and final settlement of all present, past and future claims including alimony and maintenance; the marriage had since been dissolved by mutual consent under Section 13B(2) Hindu Marriage Act, 1995 vide Decree dated 13.01.2022. Following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the Court held that nothing remained to corroborate and prove the prosecution case and continuation of the FIR would be an exercise in futility; the APP for the State raised no objection and respondent no.2 affirmed the settlement and consented. Parties bound by the terms of the settlement.

$~59

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1851/2026

SUDHIR GARG .....Petitioner Through: Mr. Ashish Kumar, Advocate with petitioner in person.

versus

THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Advocate with Mr. Vikram Singh, PS-Karawal Nagar. Mr. Ashish Kumar and Mr. Jasvir Singh Saini, Advocates with Respondent No.2 (Through VC)

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 13.03.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) [earlier Section 482 of the Code of Criminal Procedure, 1973], the petitioner seeks quashing of FIR No.202/2018 dated 04.05.2018 registered at PS.: Karawal Nagar, Delhi under Sections 498A/406/506/34 of the Indian Penal Code, 1860 ( IPC ) read with Section 4 of the Dowry Prohibition Act, 1961 ( DPA ) and all proceedings emanating therefrom, in view of the settlement dated 03.03.2020 [ Annexure P2 ] arrived at between the petitioner and the respondent no.2 before the Delhi Mediaton Centre, Karkardooma Courts, Delhi, which is accompanied by their respective proofs of identities.

This is a digitally signed order.

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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 through video conferencing, also accepts notice and affirms the terms of the aforesaid settlement dated 03.03.2020, whereby the petitioner has already paid her a sum of Rs.3,00,000/- as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. Respondent no.2 further submits that her marriage with the petitioner has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 13.01.2022, she has no objection to the quashing of the aforesaid FIR.

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

The present petition is accompanied with a settlement already arrived voluntarily between the parties and their respective affidavit(s) as well. In view thereof, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. 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 petitioner will be an exercise in futility.

As such, the present petition is allowed and FIR No.202/2018 dated 04.05.2018 registered at PS.: Karawal Nagar, Delhi under Sections

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498A/406/506/34 of the IPC read with Section 4 of the DPA and all proceedings emanating therefrom are hereby quashed.

Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

MARCH 13, 2026/NA

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 17/03/2026 at 11:04:59