Dilip Kumar & Anr. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

Dilip Kumar & Anr. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.417/2021 dated 14.09.2021 registered at PS.: Sonia Vihar, North-East District, Delhi under Sections 498A/406/34 IPC and Section 4 DP Act and all proceedings emanating therefrom; petition disposed of alongwith pending application CRL.M.A. 20565/2026.

Issue for consideration

Whether FIR No.417/2021 dated 14.09.2021 registered at PS.: Sonia Vihar, North-East District, Delhi under Sections 498A/406/34 IPC and Section 4 DP Act, and all proceedings emanating therefrom, ought to be quashed in view of the mutual settlement between petitioner no.1 and respondent no.2 vide MOU dated 10.07.2025.

Court's answer

On the basis of the settlement based on mutual terms between petitioner no.1 and respondent no.2 (MOU dated 10.07.2025), accompanied by their respective affidavits, and since there is nothing left to corroborate and prove the case of the prosecution, the present is a fit case for quashing the FIR; continuation of the FIR will be an exercise in futility, following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466.

Ratio / Principle

The present petition is allowed and FIR No.417/2021 dated 14.09.2021 registered at PS.: Sonia Vihar, North-East District, Delhi under Sections 498A/406/34 of the IPC and Section 4 of DP Act, and all proceedings emanating therefrom, are hereby quashed.

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute settled. The Delhi High Court (Saurabh Banerjee, J.) allowed CRL.M.C. 4902/2026 under Section 528 BNSS, 2023 and quashed FIR No.417/2021 dated 14.09.2021 registered at PS.: Sonia Vihar, North-East District, Delhi under Sections 498A/406/34 IPC and Section 4 DP Act, together with all proceedings emanating therefrom. The quashing rested on the mutual settlement between petitioner no.1 and respondent no.2 vide Memorandum of Understanding dated 10.07.2025, under which petitioner no.1 had already paid respondent no.2 the total settlement sum of Rs.4,50,000 as full and final settlement of all present, past and future claims; the State (through the APP) and respondent no.2 raised no objection, the parties affirmed the MOU terms in Court, and they were duly identified by the IO. Following Jitendra Raghuvanshi v. Babita Raguvanshi (2013) 4 SCC 58, 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 nothing remained to corroborate and prove the prosecution case and that continuation of the FIR would be an exercise in futility. The petition, alongwith pending application CRL.M.A. 20565/2026, was disposed of accordingly (order dated 16.07.2026).

$~87

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 4902/2026, CRL.M.A. 20565/2026

DILIP KUMAR & ANR. .....Petitioners Through: Petitioners present in person

versus

STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP for State Mr. Nitesh Kumar, Adv. for R-2 (through VC) with R-2 in person SI Abhimanyu, PS.: Sonia Vihar

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 16.07.2026

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 ( BNSS ), the petitioners seek quashing of FIR No.417/2021 dated 14.09.2021 registered at PS.: Sonia Vihar, NorthEast District, Delhi under Sections 498A/406/34 of the Indian Penal Code,1860 ( IPC ) and Section 4 of the Dowry Prohibition Act, 1961 ( DP Act ) and all proceedings emanating therefrom as the petitioner no.1 and respondent no.2 have mutually settled all their disputes vide Memorandum of Understanding dated 10.07.2025.

Issue notice.

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

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 18/07/2026 at 11:29:20

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 all are present in Court. They affirm the terms of the aforesaid Memorandum of Understanding dated 10.07.2025, wherein it is recorded that the petitioner no.1 has already paid the respondent no.2 the total settlement sum of Rs.4,50,000/as full and final settlement of all the present, past and future claims 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 the aforesaid FIR against the petitioners.

The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been duly identified by the IO. 7. As noted above, a settlement based on mutual terms between the petitioner no.1 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) 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.

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 18/07/2026 at 11:29:20

Accordingly, the present petition is allowed and FIR No.417/2021 dated 14.09.2021 registered at PS.: Sonia Vihar, North-East District, Delhi under Sections 498A/406/34 of the IPC and Section 4 of DP Act and all proceedings emanating therefrom are hereby quashed.

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

SAURABH BANERJEE, J

JULY 16, 2026/ bh

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 18/07/2026 at 11:29:20