Allowed¶18

Sunil Kumar and Anr. v. the State of NCT Delhi and Anr.

Delhi HC25 May 2026CRL.M.C./3081/2026

Case brief

AI extract

What is this about?

CRL.M.C. 3081/2026, Delhi HC, 25.05.2026, Saurabh Banerjee J; S.528 BNSS 2023 petition to quash FIR No.604/2021, PS North Rohini, u/s 498A/406/34 IPC; settlement dt.07.10.2025, total Rs.3,50,000/- full and final (alimony/maintenance); divorce u/s 13B(2) HMA, decree dt.23.05.2025; followed Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303, Narinder Singh (2014) 6 SCC 466; FIR and proceedings quashed; petition allowed and disposed with pending application.

What did the court decide?

Quashing of FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom; petition alongwith pending application CRL.M.A. 12540/2026 disposed of accordingly. ¶18

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

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed in view of the Settlement dated 07.10.2025 arrived at between the petitioners and respondent no.2.

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Court's answer

Since a settlement was voluntarily arrived at between the petitioners and respondent no.2, the Court, 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, held that there is nothing left to corroborate and prove the case of the prosecution and continuation of the FIR against the petitioners will be an exercise in futility.

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Ratio / Principle

The present petition is allowed.

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Key takeaways

FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.ratio¶18
The present petition, alongwith the pending application, is disposed of in the aforesaid term.ratio¶21

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 25.05.2026 in CRL.M.C. 3081/2026 with CRL.M.A. 12540/2026 — Petition under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 by Sunil Kumar and another for quashing FIR No.604/2021 dt.31.12.2021, PS North Rohini (Sections 498A/406/34, IPC) and all proceedings emanating therefrom: ALLOWED. Grounds: Settlement dt.07.10.2025 before the Counselling Cell, Family Courts, North West, Rohini between the petitioners and respondent no.2 (Annexure B); out of total Rs.3,50,000/-, Rs.2,00,000/- already paid and DD No.011620 dt.02.05.2026 for Rs.1,20,000/- and DD No.012002 dt.22.05.2026 for Rs.30,000/- handed over in Court as full and final settlement of all present, past and future claims including alimony and maintenance; marriage of respondent no.2 with petitioner no.1 dissolved u/s 13B(2) Hindu Marriage Act, 1955 vide decree dt.23.05.2025; APP for the State raised no objection; identities verified by IO. Following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466 — nothing left to corroborate and prove the prosecution case; continuation an exercise in futility. FIR and all proceedings therefrom quashed; petition with pending application disposed.

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3081/2026, CRL.M.A. 12540/2026

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SUNIL KUMAR AND ANR. .....Petitioners

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Through: Mr. Danish Khan, Proxy Counsel with Petitioners in person

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versus

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THE STATE OF NCT DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP for the State with SI North Rohini with R-2

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

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% 25.05.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom in view of the Settlement dated 07.10.2025 [ Annexure B ] arrived at before the Counselling Cell, Family Courts, North West, Rohini Courts, Delhi between the petitioners and respondent no.2, which is accompanied by their respective proofs of identity.

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Issue notice. 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 07.10.2025 whereby out of total sum of Rs.3,50,000/-, the petitioners has already paid her a settlement amount of Rs.2,00,000/- and two Demand Drafts being DD No.011620

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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 29/05/2026 at 11:00:56

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dated 02.05.2026 of Rs.1,20,000/- and DD No.012002 dated 22.05.2026 of Rs.30,000/- (Axis Bank, Branch-Sector-24, Rohini, New Delhi) have been handed over to the respondent no.2 today in Court 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, 1955 vide Decree dated 23.05.2025, 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 IO. 5. 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.

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Accordingly, the present petition is allowed and FIR No.604/2021 dated 31.12.2021 registered at PS.: North Rohini, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

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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 29/05/2026 at 11:00:56

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As such, the present petition, alongwith the pending application is disposed of in the aforesaid term.

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SAURABH BANERJEE, J

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MAY 25, 2026/So

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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 29/05/2026 at 11:00:56

Sunil Kumar and Anr. v. the State of NCT Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sunil Kumar and Anr. v. the State of NCT Delhi and Anr.

Case brief

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What the court decided

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