Harender Singh & Ors. Vs the State (Nct of Delhi) & Anr. — Matrimonial and Divorce | Delhi HC (2026)

Harender Singh & 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.0360/2022 dated 05.06.2022 registered under sections 498-A/406/34 of the IPC at P.S.: Swaroop Nagar, Outer North Delhi, and closure of all proceedings arising therefrom; petition and pending applications (if any) disposed of.

Issue for consideration

Whether case FIR No.0360/2022 dated 05.06.2022, registered under sections 498-A/406/34 IPC at P.S.: Swaroop Nagar against the petitioners (former husband and in-laws of respondent No. 2), ought to be quashed in view of the MoU/Settlement Deed dated 25.01.2025 and the Divorce Decree dated 10.09.2025, with respondent No. 2 confirming full performance of the settlement and the State raising no objection.

Court's answer

In line with the law laid down by the Supreme Court in Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, and in light of the settlement between the contesting parties (MoU dated 25.01.2025 fully performed; divorce decree dated 10.09.2025), continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties; therefore the FIR and proceedings emanating therefrom ought to be quashed.

Ratio / Principle

Case FIR No.0360/2022 dated 05.06.2022 registered under sections 498-A/406/34 of the IPC at P.S.: Swaroop Nagar, Outer North Delhi is quashed; all proceedings arising therefrom stand closed, and the petition stands disposed of.

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.; order dated 19.05.2026) allowed CRL.M.C. 3985/2026, filed under Section 528 of the BNSS 2023 by Harender Singh & Ors. — the former husband and in-laws of complainant/respondent No. 2 — and quashed case FIR No.0360/2022 dated 05.06.2022 registered under Sections 498-A/406/34 IPC at P.S. Swaroop Nagar, Outer North Delhi. Quashing rested on the Memorandum of Understanding/Settlement Deed dated 25.01.2025 and the Divorce Decree dated 10.09.2025 (dissolution by mutual consent under Sections 13B(1) and 13B(2), Hindu Marriage Act 1955), from which no appeal was filed; the father of petitioner No. 1 had died on 26.09.2023. Respondent No. 2, present and identified in court, confirmed receipt of Rs. 2,40,000 in full-and-final settlement of all claims (maintenance past/present/future, stridhan, dowry articles, jewellery, permanent alimony) — Rs. 1,40,000 paid earlier and Rs. 1,00,000 paid in court — and that all aspects of the settlement stood performed; no child was born of the wedlock and the learned APP (Ms. Kiran Bairwa) confirmed the State had 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 continuation of the FIR and subsequent proceedings would be an exercise in futility and not conducive to peace and harmony, quashed the FIR, and closed all proceedings arising therefrom.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 3985/2026

HARENDER SINGH & ORS.

.....Petitioners

Through: Mr. Satyam Sisodia, Advocate alongwith petitioners (in-person)

versus

THE STATE (NCT OF DELHI) & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State. Respondent No.2 (in-person) SI Sameer, P.S.: Swaroop Nagar.

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R % 19.05.2026

CRL.M.A. 16151/2026 (exemption)

Exemption granted, subject to just exceptions.

The application stands disposed-of.

CRL.M.C. 3985/2026

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of complainant/respondent No.2, seek quashing of case FIR No.0360/2022 dated 05.06.2022 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Swaroop Nagar, Outer North Delhi.

At the outset, it is pointed-out that the father of petitioner No.1 (former father-in-law of respondent No. 2) is stated to have passed-

CRL.M.C. 3985/2026

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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 26/05/2026 at 12:16:35

away on 26.09.2023; a copy of the death certificate is appended to the present petition.

The petition is premised on Memorandum of Understanding (‘MoU’)/Settlement Deed dated 25.01.2025; and Divorce Decree dated 10.09.2025, 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.

The petitioners 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 no child was born from the wed-lock. 7. 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 / settlement deed has been entered into 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. 2,40,000/-from petitioner No. 1; out of which Rs. 1,40,000 /- was paid earlier and Rs. 1,00,000 /- has been paid in court today, in compliance of the terms of the MoU / settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

Ms. Kiran Bairwa, learned APP confirms that the State has no objection to the subject FIR being quashed.

CRL.M.C. 3985/2026

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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 26/05/2026 at 12:16:35

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

Accordingly, case FIR No.0360/2022 dated 05.06.2022 registered under sections 498-A/406/34 of the IPC at P.S.: Swaroop Nagar, Outer North 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

MAY 19, 2026

ss

CRL.M.C. 3985/2026

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 26/05/2026 at 12:16:35