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

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

What the court decided

AI extract

Outcome

Petition under Section 528 BNSS allowed; FIR No. 0316/2016 dated 03.10.2016 registered at PS.: Harsh Vihar, Delhi under Sections 498A/406/34 IPC and Section 4 of the D.P. Act, and all proceedings emanating therefrom, quashed; petition alongwith pending application CRL.M.A. 14587/2026 disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No. 0316/2016 dated 03.10.2016 registered at PS.: Harsh Vihar, Delhi under Sections 498A/406/34 IPC and Section 4 of the D.P. Act, and all proceedings emanating therefrom, should be quashed in view of the settlement dated 20.09.2025 between the petitioner and respondent no.2.

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 parties had voluntarily settled and there was nothing left to corroborate and prove the case of the prosecution, continuation of the FIR against the petitioner would be an exercise in futility.

Ratio / Principle

FIR No. 0316/2016 dated 03.10.2016 (PS.: Harsh Vihar, Delhi) under Sections 498A/406/34 IPC and Section 4 of the D.P. Act, and all proceedings emanating therefrom, are quashed.

Key takeaways

In view of the voluntary settlement and the accompanying affidavits, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves.obiter¶¶19

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — settlement between spouses. High Court of Delhi (Saurabh Banerjee, J.), by order dated 08.05.2026 in CRL.M.C. 3597/2026, allowed a petition under Section 528 BNSS seeking quashing of FIR No. 0316/2016 dated 03.10.2016 (PS.: Harsh Vihar, Delhi) registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, and of all proceedings emanating therefrom. The petitioner (husband) and respondent no.2 (wife) had voluntarily settled their dispute on 20.09.2025: Rs.3,00,000/- of the total Rs.4,00,000/- had been paid, and a Demand Draft No.010063 dated 30.04.2026 of Rs.1,00,000/- (PNB) was handed over in Court as full and final settlement of all claims including alimony and maintenance; their marriage stood dissolved by mutual consent under Section 13B(2) Hindu Marriage Act, 1955 vide decree dated 24.01.2026; the parties were present and identified by the IO; the State APP raised no objection. Following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the Court held that with nothing left to corroborate or prove, continuation of the FIR would be an exercise in futility, and quashed the FIR and consequential proceedings; parties bound by the settlement terms.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 3597/2026, CRL.M.A. 14587/2026

JUGAL KISHORE .....Petitioner

Through: Mr. Digpal Singh, Adv. with petitioner in person

versus

THE STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Meenakshi Dahiya, APP. Mr. Kamal Singh, Adv. for R-2 SI-Neha Tyagi, PS: Harsh Vihar

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 08.05.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioner seeks quashing of FIR No. 0316/2016 dated 03.10.2016 registered at PS.: Harsh Vihar, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and Section 4 of the Dowry Prohibition Act, 1961 ( D.P. Act ) as also all proceedings emanating therefrom, in view of Settlement dated 20.09.2025 [ Annexure P3 ] arrived between the petitioner and the respondent no.2, which is accompanied by their respective proofs of identities.

Issue notice.

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

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement dated 20.09.2025, whereby the

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 23/05/2026 at 17:08:15

petitioner has already paid her a sum of Rs.3,00,000/- out of the total settlement amount of Rs.4,00,000/- and a Demand Draft dated 30.04.2026 bearing No.010063 of Rs.1,00,000/- (Punjab National Bank) has been handed over in Court to her today as the 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 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide decree dated 24.01.2026, and as such, she has no objection to the quashing of the aforesaid FIR.

The petitioner and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer. 6. Facts disclose that a settlement has already been arrived voluntarily between the petitioner and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) to that effect. In view thereof, the parties 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 petitioner will be an exercise in futility.

Accordingly, the present petition is allowed and FIR No. 0316/2016 dated 03.10.2016 registered at PS.: Harsh Vihar, Delhi under Section 498A/406/34 of the IPC and Section 4 of the D.P. Act as also all

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 23/05/2026 at 17:08:15

proceedings emanating therefrom are hereby quashed.

The present petition, alongwith the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

MAY 8, 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 23/05/2026 at 17:08:15