Allowed

Raj Kumar & Anr. v. State of NCT of Delhi & Anr.

Delhi HC13 Apr 2026CRL.M.C./2791/2026

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 498A/406/34 IPC following a voluntary settlement and mutual consent divorce, relying on Supreme Court precedents allowing quashing in compoundable offences where no prosecutorial interest remains.

What did the court decide?

FIR No.368/2018 and all proceedings emanating therefrom are hereby quashed.

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

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$~80

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2791/2026

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RAJ KUMAR & ANR.

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.....Petitioners

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Through: Mr. Pramod Kumar Singh and Mr. Arun Bhangar, Advocates with petitioners in person

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP with Ms. Upasan Bakshi, Mr. Aditya Vikram Singh and Mr. Gourav Singh, Advs. with SI Rajeev Kr., AATS, Rohini Distt., SI Rajesh Kumar, PS: Vijay Vihar R-2 in person

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CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 13.04.2026

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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.368/2018 dated 03.06.2018 registered at PS.: Vijay Vihar, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) as also all proceedings emanating therefrom, in view of Memorandum of Understanding dated 14.05.2025 ( MoU ) ( Annexure C ), whereby the petitioner no.1 and the respondent no.2 have mutually and amicably resolved their disputes.

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Issue notice.

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Learned APP for the State accepts notice and submits that he has no

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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 16/04/2026 at 12:32:29

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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. 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.5,50,000/- and a Demand Draft being DD No.294205 dated 27.03.2026 of Rs.1,50,000/[Punjab National Bank, Amity University, Sector-125 (Gautam Buddha Nagar)] 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 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 04.02.2026. and as such, she has no objection to the quashing of the aforesaid FIR.

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The petitioners and the respondent no.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 of Punjab & Anr. : (2014) 6 SCC 466 , since there is nothing left to corroborate and prove the case of the prosecution, continuation of the

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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 16/04/2026 at 12:32:29

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aforesaid FIR against the petitioners will be an exercise in futility.

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Thus, the present petition is allowed and FIR No.368/2018 dated 03.06.2018 registered at PS.: Vijay Vihar, Delhi under Sections 498A/406/ 34 of the IPC as also all proceedings emanating therefrom are hereby quashed. 8. At this stage, despite execution of the MoU dated 14.05.2025 inter se the petitioner no.1 and respondent no.2, despite his meagre means the petitioner no.1 is also willingly agreeable to keep depositing a sum of Rs.3,000/- [ Rupees Three Thousand Only ] per month on or before the 07^th of each month for the next five years w.e.f. May, 2026 directly into the bank account of respondent no.2, details whereof he already has.

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In turn, respondent no.2 submits that she is willing to allow the petitioner no.1 to visit their child (Ms. Janvi), once on every second Sunday of the months of May, August, November and February for the next five years . In fact, respondent no.2 agrees to make the petitioner no.1 meet Ms. Janvi, at Pacific Mall at Netaji Subhash Place, starting from 19.04.2026 at 12:00 P.M. wherein the petitioner will treat Ms. Janvi with her favourite delicacies.

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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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APRIL 13, 2026/Ab

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Raj Kumar & Anr. v. State of NCT of Delhi & Anr.

Case brief

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Raj Kumar & Anr. v. State of NCT of Delhi & Anr.

Case brief

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