Balak Ram and Ors. Vs the State (Govt of NCT Delhi) and Ors. — Dowry and Cruelty | Delhi HC (2026)

Balak Ram and Ors. Vs the State (Govt of NCT Delhi) and Ors. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.304/2011 dated 26.07.2011 registered at PS.: Nand Nagri, District North East, Delhi under Sections 498A/406/34 of the IPC and Section 4 of the DP Act, and all proceedings emanating therefrom; petition disposed of along with pending applications.

Issue for consideration

Whether FIR No.304/2011 dated 26.07.2011 registered at PS Nand Nagri under Sections 498A/406/34 IPC and Section 4 DP Act, and all proceedings emanating therefrom, should be quashed in view of the Memorandum of Settlement dated 19.12.2017 between petitioner no.1 and respondent no.3.

Court's answer

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 the disputes stand settled 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 petitioners and respondent no.3 shall remain bound by all the terms and conditions of the settlement arrived inter se themselves.

Detailed headnote1 paragraphs

Criminal Miscellaneous petition under Article 227 of the Constitution of India read with Section 528 BNSS, 2023, seeking quashing of FIR No.304/2011 dated 26.07.2011, PS Nand Nagri, District North East, Delhi (Sections 498A/406/34 IPC; Section 4 Dowry Protection Act, 1961), and all proceedings emanating therefrom — ALLOWED. Petitioner no.1 and respondent no.3 had mutually and amicably resolved their disputes by Memorandum of Settlement dated 19.12.2017 (Annexure P2); respondent no.3 affirmed the settlement, submitted she had no claim towards stridhan, permanent alimony and maintenance, and her marriage with petitioner no.1 had been dissolved under Section 13B(2), Hindu Marriage Act, 1995, vide Decree dated 04.01.2025. Following Jitendra Raghuvanshi v. Babita Raguvanshi, (2013) 4 SCC 58, Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the Court held that with nothing left to corroborate and prove the case of the prosecution, continuation of the FIR would be an exercise in futility; the FIR and all proceedings emanating therefrom were quashed and the petition, with pending applications, disposed of (SAURABH BANERJEE, J, 22.04.2026).

$~90

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 3069/2026

BALAK RAM AND ORS .....Petitioners

Through: Mr. Vikas Negi, Advocate along with petitioners in person

versus

THE STATE (GOVT OF NCT DELHI) AND ORS.....Respondents Through: Mr. Manoj Pant, APP for the State with SI Devendra Singh, PS Nand Nagri Mr. Vippin Rajawat and MR. Deepak Jayanth, Advocates for R-3 alongwith R-3 in person

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 22.04.2026

By virtue of the present petition under Article 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of the FIR No.304/2011 dated 26.07.2011 registered at PS.: Nand Nagri, District North East, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and Section 4 of the Dowry Protection Act, 1961 ( DP Act ) and all proceedings emanating therefrom, in view of Memorandum of Settlement dated 19.12.2017 ( Annexure P2 ), whereby the petitioner no.1 and the respondent no.3 have mutually and amicably resolved their disputes.

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 24/04/2026 at 12:25:32

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

Respondent no.3, present through video conferencing, also accepts notice and affirms the terms of the aforesaid Memorandum of Settlement dated 19.12.2017. She submits that she has no claim from the petitioner no.1 towards stridhan , permanent alimony and maintenance (present, past and future) etc. Respondent no.3 further submits that her marriage with the petitioner no.1 has since been dissolved under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 04.01.2025, and as such, she has no objection to the quashing of the aforesaid FIR.

The petitioners as also the respondent no.3, all appearing through video conferencing, as well as their credentials as on record, have been identified by the Investigating Officer. 5. Facts disclose that a settlement has already been arrived voluntarily between the petitioner no.1 and the respondent no.3 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. 6. Thus, the present petition is allowed and FIR No.304/2011 dated 26.07.2011 registered at PS.: Nand Nagri, District North East, Delhi under

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 24/04/2026 at 12:25:32

Sections 498A/406/34 of the IPC and Section 4 of the DP Act all proceedings emanating therefrom are hereby quashed.

Accordingly, the present petition, along with the pending applications, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

APRIL 22, 2026/rr

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 24/04/2026 at 12:25:32