Shivam Dhingra and Ors. v. State NCT of Delhi and Anr.

Delhi HC6 Jan 2026CRL.M.C./59/2026

Case brief

AI extract

What is this about?

Quashing of FIR; Section 528 BNSS 2023; earlier Section 482 CrPC 1973; FIR No.560/2022 dated 16.12.2022; Sections 498A/406/34 IPC; P.S. Kirti Nagar Delhi; matrimonial dispute; settlement; Memorandum of Understanding dated 28.02.2025; divorce by mutual consent decree dated 07.04.2025; exercise in futility; Jitendra Raghuvanshi (2013) 4 SCC 58; Gian Singh (2012) 10 SCC 303; Narinder Singh (2014) 6 SCC 466; petition allowed and disposed of; Delhi High Court; Saurabh Banerjee, J.

What did the court decide?

Quashing of FIR No.560/2022 dated 16.12.2022 under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at P.S. Kirti Nagar, Delhi and all consequential proceedings emanating therefrom; petition and pending application disposed of. ¶¶18

Shivam Dhingra and Ors. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶¶18

Issue for consideration

Whether FIR No.560/2022 dated 16.12.2022 under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at P.S. Kirti Nagar, Delhi and all consequential proceedings emanating therefrom ought to be quashed in view of the Memorandum of Understanding dated 28.02.2025 between the petitioners and respondent no.2.

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Court's answer

In view of the settlement arrived at between the parties, and following the law laid down by the Supreme Court in Jitendra Raghuvanshi, Gian Singh and Narinder Singh, continuation of FIR No.560/2022 dated 16.12.2022 would be an exercise in futility.

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Ratio / Principle

The parties shall remain bound by all the terms and conditions contained in the settlement arrived at between them.

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Key takeaways

The petition is allowed and FIR No.560/2022 dated 16.12.2022 under Sections 498A/406/34 IPC at P.S. Kirti Nagar, Delhi and all other consequential proceedings emanating therefrom are quashed.ratio¶¶21
The petition, alongwith the pending application, is disposed of.ratio¶¶22

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.; order dated 06.01.2026 in CRL.M.C. 59/2026), exercising powers under Section 528 BNSS 2023 (earlier Section 482 CrPC 1973), allowed a petition seeking quashing of FIR No.560/2022 dated 16.12.2022 under Sections 498A/406/34 IPC registered at P.S. Kirti Nagar, Delhi, together with all consequential proceedings. Quashing rested on a Memorandum of Understanding dated 28.02.2025 between the petitioners and respondent no.2 (annexed as Annexure-P2 and supported by affidavits of all petitioners and respondent no.2); petitioner no.1 and respondent no.2 had already been divorced by mutual consent vide Decree dated 07.04.2025. The learned APP for the State accepted notice and raised no objection, and respondent no.2 present in Court likewise confirmed no objection; the parties' credentials were identified by the Investigating Officer. Following the Supreme Court's law laid down in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the Court opined that continuation of the FIR would be an exercise in futility, directed that the parties remain bound by all terms of the settlement, quashed the FIR and consequential proceedings, and disposed of the petition alongwith the pending application.

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$~27

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 59/2026

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SHIVAM DHINGRA AND ORS .....Petitioner Through: Mr. Vipul Lamba, Advocate.

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versus

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STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Raghuinder Verma, APP with Mr. Aditya Vikram and Ms. Upasana Bakshi, Advocates for State. Mr. Sandeep Chandna and Mr. G. Chandna, Advocate for R-2 with R- 2 in person. SI Rajni Kant, PS-Kirti Nagar.

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CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 06.01.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) (earlier Section 482 of the Code of Criminal Procedure, 1973), the petitioners seek quashing of FIR No.560/2022 dated 16.12.2022 under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) at P.S. Kirti Nagar, Delhi and all other consequential proceedings emanating therefrom, in view of the Memorandum of Understanding dated 28.02.2025 arrived at between the petitioners and the respondent no.2.

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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 08/01/2026 at 12:43:22

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The present petition is accompanied by the said Memorandum of Understanding dated 28.02.2025 [ Annexure- P2 ], and is also supported by affidavits of all the petitioners and of respondent no.2, alongwith their respective identity proofs.

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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 FIR No.560/2022 dated 16.12.2022.

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Respondent no.2, present in Court, also accepts notice, and confirms that the petitioner no.1 and respondent no.2 have already been granted divorce by mutual consent vide Decree of Divorce dated 07.04.2025. As such, she states that she has no objection to the quashing of FIR No.560/2022 dated 16.12.2022.

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Additionally, the petitioners and respondent no.2, present in Court, as well as their respective credentials on record have also been identified by the Investigating Officer.

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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 Hon9ble 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 , this Court is of the opinion that continuation of the aforesaid FIR No.560/2022 dated 16.12.2022 will be an exercise in futility.

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Accordingly, the present petition is allowed, and FIR No.560/2022 dated 16.12.2022 under Sections 498A/406/34 of the IPC at P.S. Kirti

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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 08/01/2026 at 12:43:22

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Nagar, Delhi and all other consequential proceedings emanating therefrom are quashed.

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The petition, alongwith the pending application, is disposed of.

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SAURABH BANERJEE, J

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JANUARY 6, 2026/NA

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This is a digitally signed order.

¶26

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 08/01/2026 at 12:43:22

Shivam Dhingra and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Shivam Dhingra and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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