Disposed

Hitesh Gupta & Anr. v. State NCT of Delhi and Anr.

Delhi HC24 Jul 2026CRL.M.C./2360/2026

Case brief

AI extract

What is this about?

Petition to quash FIR for matrimonial offences after settlement and divorce by mutual consent. All parties affirmed the settlement in Court; following Supreme Court precedent, the Delhi High Court allowed quashing of the FIR and proceedings.

What did the court decide?

FIR No.275/2023 dated 28.05.2023, PS Mehrauli, under Sections 498A/406/34 IPC and all proceedings emanating therefrom quashed; petition and pending application disposed of.

Hitesh Gupta & Anr. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

¶1

$~8

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 2360/2026

¶4

HITESH GUPTA & ANR. .....Petitioners

¶5

Through: Mr. Utkarsh Bhargava and Mr. Ajay Pachauri, Advocates with petitioners in person

¶6

versus

¶7

STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh and Ms. Upasna Bakshi, Advs. with SI Amolak, PS: Mehrauli Mr. Ayush Gupta, Adv. for R-2 with R-2 Present in person.

¶8

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

¶9

O R D E R % 24.07.2026

¶10

CRL.M.A. 21724/2026 (for impleadment)

¶11

By virtue of the present application, the petitioners seek impleadment of petitioner nos.5 and 6 in the captioned petition.

¶12

Considering the assertions made herein, the application is allowed and the petitioner nos.5 and 6 are impleaded as parties to the present petition.

¶13

As such, the amended memo of parties is taken on record.

¶14

The present application is disposed of.

¶15

This is a digitally signed order.

¶16

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 28/07/2026 at 11:17:36

¶17

CRL.M.C. 2360/2026, CRL.M.A. 9607/2026

¶18

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.275/2023 dated 28.05.2023 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of Settlement Deed dated 12.12.2025, whereby the petitioners and the respondent no.2 have mutually resolved their disputes before the Mediation Centre, Saket Courts, Delhi.

¶19

Issue notice.

¶20

Learned APP accepts notice and submits that he has no objection to the quashing of the present FIR.

¶21

Learned counsel for the respondent no.2 also accepts notice and submits that the respondent no.2 has no objection if the present petition is allowed.

¶22

This Court has further had the occasion of interacting with the petitioners as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid Settlement Deed dated 12.12.2025, in compliance thereof, the petitioner no.1 has paid a total settlement amount of Rs.10,00,000/- to the respondent no.2, as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. They submit that the marriage inter se the respondent no.2 and the petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 and as such, the parties have agreed to put a quietus to their disputes. Respondent no.2 hence submits that she does not wish to continue the aforesaid FIR against

¶23

This is a digitally signed order.

¶24

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 28/07/2026 at 11:17:36

¶25

the petitioners.

¶26

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

¶27

As noted above, a settlement based on mutual terms between the petitioner no.1 and the respondent no.2 is the basis of filing the present petition, which is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the present is a fit case for quashing the aforesaid FIR. Accordingly, as also 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 , and also since there is nothing left to corroborate and prove the case of the prosecution, continuation of the present FIR will be an exercise in futility.

¶28

Therefore, the present petition is allowed and FIR No.275/2023 dated 28.05.2023 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 of the IPC as also all proceedings emanating therefrom are hereby quashed.

¶29

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

¶30

SAURABH BANERJEE, J

¶31

JULY 24, 2026/So

¶32

This is a digitally signed order.

¶33

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 28/07/2026 at 11:17:36

Hitesh Gupta & Anr. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Hitesh Gupta & Anr. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahul Raj Vs Deepti Aggarwal

Sh Anil Kumar Vs Smt Charu

Mantu Kumar Chowdhury Vs State NCT of Delhi

S. Karanbir Singh Vs Gurleen Kaur

Yashpal Vs State NCT of Delhi

Irfan @ Chote Khan Vs State of NCT of Delhi