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

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

What the court decided

AI extract

Outcome

Quashing of FIR No.432/2024 dated 29.06.2024 registered at PS: Bhajan Pura under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom; petition thereafter disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.432/2024 dated 29.06.2024 registered at PS: Bhajan Pura under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed in view of the Memorandum of Understanding dated 06.05.2026 and settlement between petitioner no.1 and respondent no.2.

Court's answer

Facts disclose that a settlement has already been arrived at voluntarily between the petitioners and respondent no.2, and the present petition is accompanied by their respective affidavits to that effect.

Ratio / Principle

The petitioners and respondent no.2 shall remain bound by all the terms and conditions of the settlement arrived inter se themselves.

Key takeaways

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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the FIR against the petitioners will be an exercise in futility.ratio¶¶16
The present petition is allowed.ratio¶¶17
FIR No.432/2024 dated 29.06.2024 registered at PS: Bhajan Pura under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

Detailed headnote1 paragraphs

Delhi High Court, W.P.(CRL) 981/2026, decided 13.05.2026 (Saurabh Banerjee, J.): Petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.432/2024 dated 29.06.2024 registered at PS: Bhajan Pura under Sections 498A/406/34 IPC, was allowed. Petitioner no.1 and respondent no.2 had executed a Memorandum of Understanding dated 06.05.2026: Rs.3,00,000/- out of Rs.3,50,000/- had already been paid, and Demand Draft No.196644 of Rs.50,000/- was handed over in Court as full and final settlement of all claims including alimony and maintenance; the marriage stood dissolved by mutual consent under Section 13B(2), Hindu Marriage Act, 1955, vide decree dated 16.12.2025. Holding that, per Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, nothing remained to corroborate and prove the prosecution case, and that continuance of the FIR would be an exercise in futility, the court quashed the FIR and all proceedings emanating therefrom, with both sides remaining bound by the settlement terms.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 981/2026

MAHENDER KUMAR & ORS. .....Petitioners

Through: Mr. O.P. Aggarwal, Adv. with petitioners in person (through VC)

versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjay Lao, SC for State with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advs. with ASI Jitendra Kr., PS: Bhajan Pura Mr. Manish Verma, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.05.2026

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 the FIR No.432/2024 dated 29.06.2024 registered at PS: Bhajan Pura under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of Memorandum of Understanding dated 06.05.2026, arrived at between the petitioner no.1 and the respondent no.2, which is accompanied by their respective proofs of identities.

Issue notice. Learned Standing Counsel for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 3. Respondent no.2, present in Court, also accepts notice and affirms

This is a digitally signed order.

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the terms of the aforesaid Memorandum of Understanding dated 06.05.2026 whereby the petitioner no.1 has already paid her an amount of Rs.3,00,000/- out of total amount of Rs.3,50,000/- and a Demand Draft being DD No.196644 dated 12.05.2026 (Punjab and Sind Bank, BranchJagat Puri, New Modern Shahdara, Delhi) of Rs.50,000/- has been handed over to the respondent no.2 today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. She 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, 1955 vide Decree dated 16.12.2025 and as such, 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. 5. Facts disclose that a settlement has already been arrived voluntarily between the petitioners and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they 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.

Thus, the present petition is allowed and FIR No.432/2024 dated

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 15/05/2026 at 13:12:42

29.06.2024 registered at PS: Bhajan Pura under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

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

SAURABH BANERJEE, J

MAY 13, 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 15/05/2026 at 13:12:42