Allowed¶23

Ajay Kumar and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Delhi HC9 Apr 2026CRL.M.C./2678/2026

Case brief

AI extract

What is this about?

Quashing of FIR; Section 528 BNSS petition; FIR No.114/2023 PS Inder Puri; Sections 498A/406/354/377/34 IPC; matrimonial criminal case settled; compromise/settlement between husband and wife; full and final settlement alimony maintenance; divorce decree Section 13B(2) Hindu Marriage Act; Jitendra Raghuvanshi (2013) 4 SCC 58; Gian Singh (2012) 10 SCC 303; Narinder Singh (2014) 6 SCC 466; exercise in futility; Delhi High Court; CRL.M.C. 2678/2026; Justice Saurabh Banerjee; 09.04.2026.

What did the court decide?

Quashing of FIR No.114/2023 dated 29.06.2023 registered at PS.: Inder Puri, Delhi under Sections 498A/406/354/377/34 IPC and all proceedings emanating therefrom; the petition alongwith the pending application (CRL.M.A. 10852/2026) disposed of in the aforesaid terms. ¶23

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.114/2023 dated 29.06.2023 registered at PS.: Inder Puri, Delhi under Sections 498A/406/354/377/34 IPC and all proceedings emanating therefrom should be quashed in view of the Settlement dated 17.07.2025 between petitioner no.1 and respondent no.2.

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Court's answer

A settlement was voluntarily arrived at between petitioner no.1 and respondent no.2, accompanied by their respective affidavits, and the parties shall remain bound by all its terms and conditions.

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Ratio / Principle

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

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Key takeaways

The petition is allowed and FIR No.114/2023 dated 29.06.2023 registered at PS.: Inder Puri, Delhi under Sections 498A/406/354/377/34 IPC and all proceedings emanating therefrom are quashed.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J., 09.04.2026), CRL.M.C. 2678/2026: Petition under Section 528 BNSS by Ajay Kumar and others seeking quashing of FIR No.114/2023 dated 29.06.2023, PS Inder Puri, Delhi, under Sections 498A/406/354/377/34 IPC, allowed. Petitioner no.1 and respondent no.2 had settled their matrimonial disputes by Settlement dated 17.07.2025; Rs.4,00,000 out of Rs.5,00,000 had been paid and a Demand Draft of Rs.1,00,000 handed over as full and final settlement of all claims including alimony and maintenance; the marriage stood dissolved by mutual-consent decree under Section 13B(2), Hindu Marriage Act, 1995 (23.02.2026). 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 or prove the prosecution case, that continuation of the FIR would be an exercise in futility, and quashed the FIR and all proceedings emanating therefrom, holding the parties bound by the settlement terms.

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$~77

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 2678/2026, CRL.M.A. 10852/2026

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AJAY KUMAR AND ORS. .....Petitioners

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Through: Mr. Sunil Kumar,Mr. Giri Raj Singh and Ms. Rekha Bhardwaj, Advs. with petitioners in person

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versus

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STATE (GOVT. OF NCT OF DELHI) AND ANR

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.....Respondents Through: Mr. Satish Kumar, APP with Mr. Aditya Vikram Singh, Ms. Upasana Bakshi and Ms. Divya Bakshi, Advs. Mr. Virender Singh and Ms. Bhumika Jain, Advs. for R-2 SI- Pooja, PS: Inder Puri. 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 % 09.04.2026

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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.114/2023 dated 29.06.2023 registered at PS.: Inder Puri, Delhi under Sections 498A/406/354/377/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of Settlement dated 17.07.2025 ( Annexure C ), whereby the petitioner no.1 and the respondent no.2 have mutually and amicably resolved their disputes.

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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 13/04/2026 at 11:26:25

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Issue notice.

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Learned APP 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 Settlement dated 17.07.2025. She submits that in compliance thereof the petitioner no.1 has already paid her the settlement amount of Rs.4,00,000/- out of the total settlement amount of Rs.5,00,000/- and a Demand Draft being DD No.059384 dated 27.03.2026 (Bank of Baroda, Asaf Ali Road) of Rs.1,00,000/- has been handed over to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. 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 23.02.2026, and as such, she has no objection to the quashing of the aforesaid FIR.

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The petitioners and the respondent nos.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer.

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Facts disclose that a settlement has already been arrived voluntarily between the petitioner no.1 and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they 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

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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 13/04/2026 at 11:26:25

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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 petitioners will be an exercise in futility.

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Thus, the present petition is allowed and FIR No.114/2023 dated 29.06.2023 registered at PS.: Inder Puri, Delhi under Sections 498A/406/ 354/377/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

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

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SAURABH BANERJEE, J

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APRIL 9, 2026/Ab

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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 13/04/2026 at 11:26:25

Ajay Kumar and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Case brief

What is this about?

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Ajay Kumar and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Case brief

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