Raj Kumar Shah & Ors. Vs State of NCT of Delhi & Anr.

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$~86

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 410/2026 & CRL.M.A. 1556/2026-Stay, CRL.M.A. 1557/2026 Exp

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RAJ KUMAR SHAH & ORS. .....Petitioners

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Through: Mr. Amit Swami, Adv.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Mr. B. Pratap Singh, Advs. Mr. Sushil Kr. Gupta, Adv. for R-2 SI- Sunil, PS: Okhla Industrial Area

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CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 16.01.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) [Erstwhile Section 482 of the Code of Criminal Procedure, 1973], the petitioners seek quashing of FIR No.653/2022 dated 28.08.2022 registered at PS.: Okhla Industrial Area, South East, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all other proceedings emanating therefrom, in view of the Mediation Settlement dated 10.07.2024 arrived at inter se the petitioners and the respondent no.2.

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At the outset, the learned counsel for the petitioners submits that the present petition is accompanied by a Mediation Settlement dated

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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 19/01/2026 at 12:03:21

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10.07.2024 as Annexure P2 , and is also supported by affidavit(s) of the petitioners and respondent no.2, alongwith proofs of the respective I.D.s. Additionally, petitioners and respondent no.2, present in Court, have been identified by the Investigating Officer and the credentials of both, as on record, have also been duly verified by the Investigating Officer.

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Issue notice.

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Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR No.653/2022 dated 28.08.2022.

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Further, respondent no.2 confirms that the learned Family Court-01, South-East District, Saket Courts, Delhi has passed a decree of divorce by mutual consent on 12.11.2025. Similarly, she affirms the Mediation Settlement dated 10.07.2024 arrived at inter se the petitioners and the respondent no.2. in compliance whereof the petitioner no.1/ husband has already paid her the settlement amount of Rs.5,00,000/- out of total settlement amount of Rs.6,30,000/- and also handed over a further sum of Rs.1,30,000/- cash in the presence of her counsel to her towards full and final settlement of all her claims including alimony, maintenance (present, past and future), stridhan, etc. Lastly, respondent no.2 states that she has no objection to the quashing of the FIR.

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In view of the fact that a settlement has already been arrived at between the parties, they shall remain bound by all the terms and conditions contained therein. 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

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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 19/01/2026 at 12:03:21

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& Anr. (2014) 6 SCC 466 , this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.

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Accordingly, the present petition is allowed and FIR No.653/2022 dated 28.08.2022 registered at PS.: Okhla Industrial Area, South East, Delhi under Sections 498A/406/34 IPC and all other proceedings emanating therefrom are quashed.

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Accordingly, the petition, alongwith pending applications, is disposed of.

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SAURABH BANERJEE, J

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JANUARY 16, 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 19/01/2026 at 12:03:21

Raj Kumar Shah & Ors. v. State of NCT of Delhi & Anr.

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Raj Kumar Shah & Ors. v. State of NCT of Delhi & Anr.

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