Nitish Kumar & Ors. Vs the State (Nct of Delhi ) & Anr. — Dowry and Cruelty | Delhi HC (2026)

Nitish Kumar & Ors. Vs the State (Nct of Delhi ) & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR bearing No. 203/2025, registered at Police Station Sangam Vihar, Delhi, for offences punishable under Sections 498A/406/34/323 of IPC and Sections 3/4 of the DP Act, together with all consequential proceedings emanating therefrom; parties to remain bound by Ganesh vs. Sudhirkumar Shrivastava ((2020) 20 SCC 787) notwithstanding non-filing of the minor child's-interest affidavits; petition stands disposed of.

Issue for consideration

Whether FIR No. 203/2025 registered at Police Station Sangam Vihar, Delhi (offences under Sections 498A/406/34/323 IPC) and the consequential proceedings emanating therefrom should be quashed on the basis of the amicable settlement arrived at between the parties. +1 more

Court's answer

The parties having amicably resolved their differences out of their own free will and without any coercion, no useful purpose would be served by continuing the proceedings.

Ratio / Principle

It would be in the interest of justice to quash the FIR and the proceedings pursuant thereto, and there is no legal impediment in quashing the FIR in question.

Key takeaways

Although the affidavits showing protection of the interest of the minor child as per Ganesh vs. Sudhirkumar Shrivastava ((2020) 20 SCC 787) were not filed by the learned counsel for the petitioners, the parties will remain bound by that judgment.ratio¶21
FIR bearing No. 203/2025, registered at Police Station Sangam Vihar, Delhi, for offences punishable under Sections 498A/406/34/323 of IPC and Sections 3/4 of the DP Act, and all consequential proceedings emanating therefrom, are quashed.ratio¶26

Detailed headnote1 paragraphs

High Court of Delhi (Dr. Swarana Kanta Sharma, J) disposed of W.P.(CRL) 932/2026 by quashing FIR No. 203/2025 of Police Station Sangam Vihar, Delhi, registered under Sections 498A/406/34/323 IPC and Sections 3/4 of the DP Act, along with all consequential proceedings, on the basis of a Memorandum of Understanding dated 13.12.2025 executed at Mediation Centre, Saket Courts, New Delhi, whereby the parties amicably settled their matrimonial dispute arising from the marriage of 18.07.2021. Respondent no. 2, identified in Court, categorically affirmed that the compromise was entered out of her own free will without pressure, coercion or threat and raised no objection to quashing. Although the affidavits securing the minor child's interest contemplated by Ganesh vs. Sudhirkumar Shrivastava (2020) 20 SCC 787 had not been filed, the Court held the parties bound by that judgment.

$~81

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 932/2026

NITISH KUMAR & ORS. .....Petitioners

Through: Petitioners with their counsel Mr. Hariom Naagar & Mr. Jasvinder Kumar, Advocates.

versus

THE STATE (NCT OF DELHI ) & ANR. .....Respondents Through: Mr. Anand V. Khatri, ASC for the State. Mr. Ashu Naagar & Mr. Lavi Tanwar, Advocates for R-2 and R-2 in person.

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 23.03.2026

CRL.M.A. 8819/2026 (exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(CRL) 932/2026

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 203/2025, registered at Police Station Sangam Vihar, Delhi, for the commission of offences punishable under Sections 498A/406/34/323 of the Indian Penal Code, 1860 (hereafter ‘IPC' ) and all consequential proceedings emanating therefrom on the basis of settlement arrived at between the parties.

Issue notice. The learned APP accepts notice on behalf of the State.

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 27/03/2026 at 13:29:53

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Sangam Vihar, Delhi.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 18.07.2021, in accordance with Hindu rites. It is stated that one male child was born out of the said wedlock. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no. 2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 13.12.2025 executed at Mediation Centre, Saket Courts, New Delhi.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. Therefore, she has no objection if the present FIR is quashed. 8. Although, the affidavits showing the protection of interest of minor child, as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon’ble Supreme Court, have not been filed by the learned counsel for the petitioners, however, the parties will remain bound by it.

In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice

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 27/03/2026 at 13:29:53

to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Accordingly, FIR bearing No. 203/2025, registered at Police Station Sangam Vihar, Delhi, for the commission of offences punishable under Sections 498A/406/34/323 of IPC and Sections 3/4 of the DP Act and all consequential proceedings emanating therefrom are quashed.

The petition stands disposed of.

The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J

MARCH 23, 2026/vc/gj

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 27/03/2026 at 13:29:53