Allowed

Tejal Kumar v. State NCT of Delhi and Anr.

Delhi HC16 Sept 2026CRL.M.C./4237/2026

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No. 106/2024 registered under Sections 376 IPC, 6 POCSO Act and 10 PCM Act after the petitioner and respondent no. 2 entered into a Memorandum of Understanding and decided to resume their matrimonial life. The court followed Supreme Court precedents holding that continuation of criminal proceedings would be futile when parties have genuinely settled their disputes.

What did the court decide?

FIR No. 106/2024 dated 07.02.2024 registered at PS Kapashera under Sections 376 IPC, 6 POCSO Act and 10 PCM Act and all proceedings emanating therefrom are quashed.

Tejal Kumar Vs State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2026)

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010245582026

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CRL.M.C. 4237/2026

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TEJAL KUMAR .....Petitioner Through: Mr. Prateek Vats, Adv. alongwith petitioner in person

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versus

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STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, Mr. Ashish Priya Kirti Gupta, Ms. Urmila Saluja, Mr. Mukesh Kumar Pand, Ms. Upasana Bakshi, Mr. Sourav Suman and Ms. Divya Bakshi, Advs. with SI Aarti Yadav, PS.: Kapashera R2 in person

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 16.09.2026

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Fresh Status Report verifying the certificate of marriage filed by the petitioner and respondent no.2, handed over by learned APP, is taken on record.

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioner seeks quashing of the FIR No.106/2024 dated 07.02.2024 registered at PS.: Kapashera (South-West), Delhi under Sections 376 of the Indian Penal Code, 1860 ( IPC ), Section 6 of the Protection of Children from Sexual Offences Act,

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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 18/09/2026 at 11:06:45

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2012 (POCSO Act) and Section 10 of the Prohibition of Child Marriage Act, 2006 (PCM Act) and all proceedings emanating therefrom, in view of Memorandum of Understanding dated 11.05.2026 (Annexure-P3) , whereby the petitioner and the respondent no.2 have mutually resolved their disputes.

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Issue notice.

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Learned APP accepts notice and although records his objections, however, he submits that the present FIR may be quashed in accordance with law.

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Respondent no.2, present in Court, also accepts notice and affirms the Memorandum of Understanding dated 11.05.2026 and submits that she and the petitioner have amicably resolved all their disputes and are living together happily for the last five years with their child. As such, she submits that she has no objection to the quashing of the aforesaid FIR.

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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.

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This Court has further had the occasion of interacting with the petitioner as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid Memorandum of Understanding dated 11.05.2026, and as such, the parties have agreed to put a quietus to their disputes. Respondent no.2 hence submits that she does not wish to continue with the aforesaid FIR against the petitioner since she wishes to live peacefully.

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Facts disclose that the parties have expressed their clear intention as also taken steps towards resuming their matrimonial life, as they are now

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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 18/09/2026 at 11:06:45

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residing together alongwith their child in peace and harmony which is supported by the aforesaid Memorandum of Understanding. 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 will be an exercise in futility.

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Therefore, the present petition is allowed and FIR No.106/2024 dated 07.02.2024 registered at PS.: Kapashera (South-West), Delhi under Section 376 of the IPC, Section 6 of the POCSO Act and Section 10 of the PCM Act as also all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition is disposed of in the aforesaid terms.

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SAURABH BANERJEE, J

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SEPTEMBER 16, 2026 /bh

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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 18/09/2026 at 11:06:45

Tejal Kumar v. State NCT of Delhi and Anr.

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Tejal Kumar v. State NCT of Delhi and Anr.

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