Nitil Malik & Ors. Vs the State (Govt of NCT of Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2026)

Nitil Malik & Ors. Vs the State (Govt of NCT of Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.331/2024 dated 13.06.2024 registered at PS: Khajuri Khas, Delhi under Sections 498A/406/506/34 IPC and Section 4 Dowry Act, and of all proceedings emanating therefrom; the petition alongwith the pending application (CRL.M.A. 8114/2026) disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.331/2024 dated 13.06.2024 registered at PS: Khajuri Khas, Delhi under Sections 498A/406/506/34 IPC and Section 4 Dowry Prohibition Act, 1961, and all proceedings emanating therefrom, should be quashed in view of the Amended Settlement Deed dated 19.01.2026 and the full and final settlement between petitioner no.1 and respondent no.2.

Court's answer

Since the parties have arrived at a voluntary settlement and, following the law laid down by the Supreme Court in Jitendra Raghuvanshi, Gian Singh and Narinder Singh, there is nothing left to corroborate and prove the case of the prosecution, continuation of the FIR against the petitioners would be an exercise in futility.

Ratio / Principle

The present petition is allowed and FIR No.331/2024 dated 13.06.2024 registered at PS: Khajuri Khas, Delhi under Sections 498A/406/506/34 IPC and Section 4 Dowry Act, and all proceedings emanating therefrom, are quashed.

Detailed headnote1 paragraphs

Matrimonial dispute — quashing of FIR — Writ petition under Article 226 of the Constitution read with Section 528 BNSS, 2023 seeking quashing of FIR No.331/2024 dated 13.06.2024 (PS: Khajuri Khas, Delhi) under Sections 498A/406/506/34 IPC and Section 4 Dowry Prohibition Act, 1961 — parties had arrived at an Amended Settlement Deed dated 19.01.2026 before the Delhi Mediation Centre, Karkardooma Courts; petitioner no.1 had paid Rs.12,60,000/- out of a total settlement of Rs.18,60,000/- and a Demand Draft of Rs.6,00,000/- was handed over in Court as full and final settlement of all claims including alimony and maintenance; marriage dissolved by mutual consent under Section 13B(2) Hindu Marriage Act, 1995 vide Decree dated 26.02.2026 — State raised no objection; respondent no.2 affirmed the settlement — following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, since nothing remained to corroborate or prove the prosecution case, continuation of the FIR held to be an exercise in futility — petition allowed; FIR and all proceedings emanating therefrom quashed.

$~56

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 849/2026 & CRL.M.A. 8114/2026

NITIL MALIK & ORS. .....Petitioners

Through: Mr. R.P.S Bhatti, Mr. S.S. Rathi and Ms. Asmita Shivani, Advs.

versus

THE STATE (GOVT OF NCT OF DELHI) & ANR......Respondents Through: Ms. Rupali Bandhopadhya, ASC. Mr. Manish Sharma, Adv. for R-2 SI- Shubham, PS: Khajuri Khas

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 18.03.2026

By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.331/2024 dated 13.06.2024 registered at PS: Khajuri Khas, Delhi under Sections 498A/406/506/34 of the Indian Penal Code, 1860 ( IPC ) and Section 4 of the Dowry Prohibition Act, 1961 ( Dowry Act ) and all proceedings emanating therefrom, in view of the Amended Settlement Deed dated 19.01.2026 [ Annexure C ] arrived at between the petitioner no.1 and the respondent no.2 before the Delhi Mediation Centre, Karkardooma Courts, which is accompanied by their respective proofs of identities.

Issue notice.

This is a digitally signed order.

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

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Amended Settlement Deed dated 19.01.2026, whereby the petitioner no.1 has already paid her a sum of Rs.12,60,000/- out of the total settlement amount of Rs.18,60,000/- and a Demand Draft being DD No. 039659 dated 11.03.2026 of Rs.6,00,000/- (Axis Bank, Shahdara Branch) has been handed over in Court to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. Respondent no.2 further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1995 vide Decree dated 26.02.2026 and she has no objection to the quashing of the aforesaid FIR.

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

Facts disclose that the present petition is accompanied by a settlement already arrived voluntarily between the parties and their respective affidavit(s). In view thereof, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. 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 against the petitioners 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 23/03/2026 at 11:42:38

Resultantly, the present petition is allowed and FIR No.331/2024 dated 13.06.2024 registered at PS: Khajuri Khas, Delhi under Sections 498A/406/506/34 of IPC and Section 4 of the Dowry Act and all proceedings emanating therefrom are hereby quashed.

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

SAURABH BANERJEE, J

MARCH 18, 2026/Ab

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 23/03/2026 at 11:42:38