Allowed

Sunder @ Chaman Gaur & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC24 Apr 2026CRL.M.C./3134/2026

Case brief

AI extract

What is this about?

Quashing petition under Section 528 BNSS for FIR under Sections 498A/406/34 IPC after parties settled matrimonial disputes and dissolved marriage by mutual consent; State and complainant raised no objection; court quashed the FIR and proceedings.

What the court decided

AI extract

Sunder @ Chaman Gaur & Ors. Vs the State (Govt. of NCT of… — Quashing and FIR | Delhi HC (2026)

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3134/2026

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SUNDER @ CHAMAN GAUR & ORS. .....Petitioners Through: Mr. Pardeep Sharma, Adv. (Through VC)

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ANR.

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.....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditya Vikram Singh, Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advs. SI- Rajesh Kumar, PS: Vijay Vihar

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CORAM:

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

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% 24.04.2026

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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.1248/2017 dated 07.10.2017 registered at PS.: Vijay Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, since the parties have mutually resolved their disputes and arrived at a settlement, the terms whereof have been reproduced at paragraph 2(e) of the present petition.

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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 submits that she has already received the total settlement amount of Rs.2,60,000/from the petitioner no.1 as full and final payment towards 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

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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 27/04/2026 at 11:49:07

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consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide Decree dated 30.09.2020, 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 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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Thus, the present petition is allowed and FIR No.1248/2017 dated 07.10.2017 registered at PS.: Vijay Vihar under Sections 498A/406/34 and all proceedings emanating therefrom are hereby quashed. 7. Accordingly, the present petition, along with the pending application is disposed of in the aforesaid terms.

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SAURABH BANERJEE, J

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APRIL 24, 2026/Ab

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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 27/04/2026 at 11:49:07

Sunder @ Chaman Gaur & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What the court decided

Sunder @ Chaman Gaur & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What the court decided

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