Hitesh Chugh & Ors. Vs the State NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

Hitesh Chugh & Ors. Vs the State NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition allowed; FIR No.366/2016 dated 21.10.2016 registered at PS South Rohini under Sections 498A/406/34 IPC and all proceedings emanating therefrom quashed; petition alongwith pending application CRL.M.A. 20337/2026 disposed of.

Issue for consideration

Whether FIR No.366/2016 dated 21.10.2016 registered at PS South Rohini under Sections 498A/406/34 IPC, and all proceedings emanating therefrom, should be quashed in view of the Settlement Deed dated 16.02.2026 whereby the petitioners and respondent no.2 mutually resolved their disputes.

Court's answer

With the petitioners and respondent no.2 having mutually resolved their disputes by the Settlement Deed dated 16.02.2026, affirmed by them before the Court through video conferencing and supported by their respective affidavits, with no objection from the learned ASC or respondent no.2, the Court held the present to be a fit case for quashing the FIR.

Ratio / Principle

Since there is nothing left to corroborate and prove the prosecution case, continuation of the FIR would be an exercise in futility.

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.) allowed CRL.M.C. 4855/2026, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and quashed FIR No.366/2016 dated 21.10.2016 registered at PS South Rohini under Sections 498A/406/34 of the Indian Penal Code, 1860, together with all proceedings emanating therefrom. Quashing rested on the Settlement Deed dated 16.02.2026 between the petitioners and respondent no.2, affirmed before the Court through video conferencing and supported by affidavits, with no objection from the learned ASC or respondent no.2; the petitioners had paid respondent no.2 Rs.19,00,000/- as full and final settlement of all her present, past and future claims including alimony and maintenance, and the marriage had been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955. Following the law laid down in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, and holding that nothing remained to corroborate and prove the prosecution case, the Court found continuation of the FIR an exercise in futility and disposed of the petition alongwith the pending application CRL.M.A. 20337/2026.

$~81

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 4855/2026, CRL.M.A. 20337/2026

HITESH CHUGH & ORS. .....Petitioners

Through: Mr. Anil Kumar Gupta, Advocate with Petitioner in person

versus

THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for the State

Mr. Aman Durga & Mr.Aniruddh Khandelwal Advs for R-2 with R-2 in person (through VC)

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 15.07.2026

Advocates are abstaining from work on account of the strike by DHCBA.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.366/2016 dated 21.10.2016 registered at PS: South Rohini under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the Settlement Deed dated 16.02.2026 whereby the petitioners and the respondent no.2 have mutually resolved their disputes.

Issue notice.

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 17/07/2026 at 11:10:10

Learned ASC accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.

Learned counsel for the respondent no.2 also accepts notice and submits that the respondent no.2 has no objection if the present petition is allowed.

This Court has further had the occasion of interacting with the petitioners as well as the respondent no.2, who are all appearing through video conferencing. They affirm the terms of the aforesaid Settlement Deed dated 16.02.2026, whereby the petitioners have already paid the respondent no.2 a total sum of Rs.19,00,000/- as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. They further submit that the marriage inter se respondent no.2 and petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955, and as such, the parties have agreed to put a quietus to all their disputes. Respondent no.2 hence submits that she does not wish to continue the aforesaid FIR against the petitioners.

The petitioners and the respondent no.2 as well as their credentials, as on record, have been identified by the concerned IO. 7. As noted above, a settlement based on mutual terms between the petitioners and the respondent no.2 is the basis of filing the present petition, which is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the present is a fit case for quashing the aforesaid FIR. Accordingly, as also 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)

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 17/07/2026 at 11:10:10

10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466 , and also since there is nothing left to corroborate and prove the case of the prosecution, continuation of the present FIR will be an exercise in futility.

Therefore, the present petition is allowed and FIR No.366/2016 dated 21.10.2016 registered at PS: South Rohini under Sections 498A/406/ 34 IPC as also all proceedings emanating therefrom are hereby quashed. 9. Accordingly, the present petition alongwith the pending application is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

JULY 15, 2026/So

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 17/07/2026 at 11:10:10