Allowed

Umesh Kumar and Anr. v. State NCT of Delhi and Anr.

Delhi HC18 Mar 2026CRL.M.C./2011/2026

Case brief

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What is this about?

Quashing petition under Section 528 BNSS seeking to quash an FIR registered under Sections 498A/406/34 IPC following a settlement MOU between petitioner no.1 and respondent no.2. With the marriage dissolved by mutual consent, settlement amount paid in full and the complainant having no objection, the Court quashed the FIR and all proceedings emanating from it.

What did the court decide?

FIR No.223/2023 dated 12.02.2023 registered at PS Dayal Pur, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom were quashed.

Umesh Kumar and Anr. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2011/2026

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UMESH KUMAR AND ANR. .....Petitioners Through: Mr. Suryadev Kaushik, Mr. Rajan Sharma and Mr. Jeetender, Advs. with petitioners in person.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with ASI Pramod Kumar, PS.: Dayal Pur. Mr. Harsh Kumar, Ms. Sikha Gogoi, Mr. Nee Kumar Sharma, Advs. for R- 2 with R-2 in person.

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CORAM:

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

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% 18.03.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of the FIR No.223/2023 dated 12.02.2023 registered at PS.: Dayal Pur, Delhi under Sections 498A/406/34 Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the Memorandum of Understanding ( MOU ) dated 05.04.2024 [ Annexure B ] arrived at before the Delhi Mediation Centre Karkardooma Courts, Delhi between the petitioner no.1 and the respondent no.2, which is accompanied by their respective proofs of identities.

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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 20/03/2026 at 12:58:25

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Issue notice. Learned ASC for the State accepts notice, and submits, that he has no objection to the quashing of the aforesaid FIR.

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Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid MOU, whereby out of the total settlement amount of Rs.5,00,000/-, the petitioner no.1 has already paid her a sum of Rs.3,50,000/-, and has further handed over a Demand Draft/ Banker Cheque dated 13.02.2026 bearing No.854334 of Rs.1,50,000/- (UCO Bank, BranchPatiala House) in Court to her today as full and final settlement of all her present, past and future claims. She further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 18.09.2025, and she has no objection to the quashing of the aforesaid FIR.

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The petitioner no.1 and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 5. Facts disclose that the parties have voluntarily arrived at a settlement, and thus have filed their respective affidavit(s) along with the present petition. As such, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. Thus, 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.

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As such, the present petition is allowed and FIR No.223/2023 dated 12.02.2023 registered at PS.: Dayal Pur, Delhi under Sections 498A/406/34

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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 20/03/2026 at 12:58:25

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of the IPC and all proceedings emanating therefrom are hereby quashed.

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

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SAURABH BANERJEE, J

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MARCH 18, 2026/ bh

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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 20/03/2026 at 12:58:25

Umesh Kumar and Anr. v. State NCT of Delhi and Anr.

Case brief

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Umesh Kumar and Anr. v. State NCT of Delhi and Anr.

Case brief

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