Suraj & Ors. Vs the State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2026)

Suraj & Ors. Vs the State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of case FIR No. 891/2015 dated 16.12.2015 registered under sections 406/498-A/34 IPC at P.S. Model Town, Delhi and closure of all proceedings arising therefrom, subject to preservation of the minor child Drish's right to meet his father and his property/other rights; petition and pending applications, if any, disposed-of.

Issue for consideration

Whether FIR No. 891/2015 dated 16.12.2015 registered under sections 406/498-A/34 IPC at P.S. Model Town, Delhi against the former husband and in-laws of respondent No. 2 ought to be quashed in view of the MoU dated 06.01.2026, the mutual-consent divorce decree dated 20.03.2025 and full performance of the settlement.

Court's answer

In light of the settlement between the contesting parties, continuing with the subject FIR and subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties; hence the FIR and all proceedings emanating therefrom should be quashed.

Ratio / Principle

Case FIR No. 891/2015 dated 16.12.2015 registered under sections 406/498-A/34 of the IPC at P.S.: Model Town, Delhi is quashed and all proceedings arising therefrom stand closed, subject to the conditions recorded in the order.

Key takeaways

Though the MoU records custody of the minor child with respondent No. 2 and no visitation rights for petitioner No. 1, nothing in the MoU affects the right of the minor child to meet his father, if and when he so desires, subject to logistical convenience of the parties.ratio¶27
The MoU leading to closure of all criminal proceedings will in no way affect the property rights and other rights of the minor child, namely Drish, vis-à-vis his father, as may be available under law.ratio¶28

Detailed headnote1 paragraphs

High Court of Delhi at New Delhi (single Judge, Anup Jairam Bhambhani, J.; order dated 13.02.2026) disposed of W.P.(CRL) 3172/2025, a petition under Articles 226 & 227 of the Constitution read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 filed by Suraj & Ors., the former husband and in-laws of complainant/respondent No. 2, seeking quashing of FIR No. 891/2015 dated 16.12.2015 registered under sections 406/498-A/34 IPC at P.S. Model Town, Delhi. The quashing rested on the MoU dated 06.01.2026 and the divorce decree dated 20.03.2025 obtained under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955 by mutual consent, with the Rs. 2,00,000/- full-and-final settlement (maintenance, stridhan, dowry articles, jewellery, permanent alimony etc.) fully paid — Rs. 1,00,000/- earlier and Rs. 1,00,000/- in court — and the State, through its learned ASC, raising no objection. Relying on 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 continuing the FIR and subsequent proceedings would be an exercise in futility and not conducive to peace and harmony, and quashed the FIR with all proceedings arising therefrom. The quashing was made subject to two safeguards: despite the MoU granting custody to respondent No. 2 with no visitation rights, the minor child Drish retains the right to meet his father if and when he so desires; and the MoU/closure does not affect the child's property and other rights vis-à-vis his father under law. Petition and pending applications disposed-of.

$~21

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 3172/2025

SURAJ & ORS. .....Petitioners Through: Mr. Avdhesh Saraswat, Advocate. versus

THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Anand V Khatri, ASC for the State. Mr. Upkar Singh, Adv. for R-2.

CORAM:

%

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R 13.02.2026

By way of the present petition filed under Articles 226 & 227 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 891/2015 dated 16.12.2015 registered under sections 406/498-A/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Model Town, Delhi.

The petition is premised on Memorandum of Understanding (‘MoU’) dated 06.01.2026 signed between the parties; and Divorce Decree dated 20.03.2025, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs.

W.P.(CRL) 3172/2025

Page 1 of 3

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 28/02/2026 at 13:17:18

Petitioner No.1 as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

The parties have confirmed that one child, viz. Drish, was born from the wedlock, who is minor as of date.

No appeal is stated to have been filed from the divorce decree.

The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that an MoU has been signed between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan , dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 2,00,000/-from petitioner No. 1; out of which Rs. 1,00,000/- was paid earlier and Rs. 1,00,000/- has been paid in court today, in compliance of the terms of the MoU. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

Mr. Anand V. Khatri, learned ASC confirms that the State has no objection to the subject FIR being quashed.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab &Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all

W.P.(CRL) 3172/2025

Page 2 of 3

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 28/02/2026 at 13:17:18

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

Though the MoU records that the minor child shall remain in the custody of respondent No.2 and petitioner No.1 shall have no visitation rights, it is made clear that nothing in this MoU would affect the right of the minor child to meet his father, if and when he so desires, subject to logistical convenience of the parties.

Needless to add that the MoU signed between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor child, namely Drish vis-à-vis his father, as may be available under law, in any manner whatsoever.

Subject to the aforesaid conditions, case FIR No. 891/2015 dated 16.12.2015 registered under sections 406/498-A/34 of the IPC at P.S.: Model Town, Delhi is quashed. All proceedings arising therefrom also stand closed.

Petition stands disposed-of.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

FEBRUARY 13, 2026 V.Rawat

W.P.(CRL) 3172/2025

Page 3 of 3

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 28/02/2026 at 13:17:18