Sumit Kumar Vs State of NCT of Delhi — Dowry and Cruelty | Delhi HC (2026)

Sumit Kumar Vs State of NCT of Delhi — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.0117/2021 dated 10.03.2021 registered at PS.: Sarai Rohilla under Sections 498A/406/34 IPC and all proceedings emanating therefrom; petition disposed of alongwith the pending application (CRL.M.A. 11992/2026).

Issue for consideration

Whether FIR No.0117/2021 dated 10.03.2021 registered at PS.: Sarai Rohilla under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed in view of the Settlement Agreement dated 02.05.2025 between petitioner no.1 and respondent no.2, read with Section 528 BNSS.

Court's answer

Following the law laid down by the Supreme Court in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, since the settlement was arrived at voluntarily between the petitioners and respondent no.2 (supported by their affidavits) and there is nothing left to corroborate and prove the case of the prosecution, continuation of the FIR against the petitioners would be an exercise in futility.

Ratio / Principle

The petition is allowed: FIR No.0117/2021 dated 10.03.2021 registered at PS.: Sarai Rohilla under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed, and the petition alongwith the pending application is disposed of in the aforesaid terms.

Key takeaways

The petitioners and respondent no.2 shall remain bound by all the terms and conditions of the settlement arrived inter se themselves.obiter¶16

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — settlement between spouses. The Delhi High Court (Saurabh Banerjee, J.) allowed a petition under Section 528 BNSS and quashed FIR No.0117/2021 dated 10.03.2021 registered at PS.: Sarai Rohilla under Sections 498A/406/34 IPC together with all proceedings emanating therefrom. Petitioner no.1 and respondent no.2 had resolved their disputes by a Settlement Agreement dated 02.05.2025; the entire settlement amount of Rs.22,00,000/- stood paid (Rs.15,00,000/- earlier and a Demand Draft of Rs.7,00,000/- handed over in Court as full and final settlement of all claims including alimony and maintenance), and the marriage stood dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide decree dated 15.01.2026. Following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the Court held that since nothing remained to corroborate and prove the prosecution case, continuation of the FIR would be an exercise in futility. The parties were directed to remain bound by the settlement terms; the State APP raised no objection. Decision dated 20.04.2026.

$~78

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2940/2026, CRL.M.A. 11992/2026

SUMIT KUMAR & ORS .....Petitioner Through: Ms. Bharti Tyagi and Mr. Vikash Kumar, Advocates.

versus

STATE (NCT OF DELHI) & Anr. .....Respondent Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Ms. Divya Bakshi and Mr. Gourav Singh, Advocates. ASI Anil Kumar and ASI Om Prakash, PS-Sarai Rohilla. Mr. Sunil Gupta, Advocate for R-2

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 20.04.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seeks quashing of the FIR No.0117/2021 dated 10.03.2021 registered at PS.: Sarai Rohilla under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of Settlement Agreement dated 02.05.2025 ( Annexure P2 ), whereby the petitioner no.1 and the respondent no.2 have mutually and amicably resolved their disputes. 2. Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.

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 23/04/2026 at 12:28:00

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement Agreement dated 02.05.2025. She submits that in compliance thereof out of total settlement amount of Rs.22,00,000/-, the petitioner no.1 has already paid her the settlement amount of Rs.15,00,000/- and a Demand Draft being DD No.005498 dated 18.04.2026 (HDFC Bank) of Rs.7,00,000/- has been handed over to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc.

Respondent no.2 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 15.01.2026, and as such, she has no objection to the quashing of the aforesaid FIR.

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.

Facts disclose that a settlement has already been arrived voluntarily between the petitioners 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 aforesaid FIR against the petitioners will be an exercise in futility.

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 23/04/2026 at 12:28:00

Thus, the present petition is allowed and FIR No.0117/2021 dated 10.03.2021 registered at PS.: Sarai Rohilla under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed. 8. Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

APRIL 20, 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 23/04/2026 at 12:28:00