Delhi High Court
CRL.M.C./6769/2026 of KUNAL & ORS. Vs STATE NCT OF DELHI & ANR. on 14 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010432572026 + CRL.M.C. 6769/2026 KUNAL & ORS. .....Petitioners Through: Mr. Mukesh Kumar Dral, Mr. Sanjeev Sharma and Mr. Sonu, Advs. All petitioners in person (through VC). versus STATE NCT OF DELHI & ANR. ....Respondents Through: Mr. Digam
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010432572026
+
CRL.M.C. 6769/2026
KUNAL & ORS.
.....Petitioners
Through:
Mr. Mukesh Kumar Dral, Mr. Sanjeev
Sharma and Mr. Sonu, Advs.
All petitioners in person (through VC).
versus
STATE NCT OF DELHI & ANR.
....Respondents
Through:
Mr. Digam Singh Dagar, APP with
Ms. Anshu Sharma and Ms. Shivalika
Thakur, Advs.
SI Pinki.
Mr. Rohan Aggarwal and Ms. Pari
Poorn Singh, Advs. for R-2 along with
R-2 in person.
CORAM:
HON’BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 14.09.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 28320/2026 (for exemption)
2. Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. CRL.M.A. 28321/2026 (for condonation of delay in re-filing)
3. This is an application seeking condonation of delay of 29 days in re- filing the present petition.
4. For the reasons stated in the application, the delay in re-filing the petition is condoned.
5. Accordingly, the application stands disposed of.
CRL.M.C. 6769/2026
6. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 67/2026, registered at Police Station Kanjhawala, Delhi, for the commission of offences punishable under Sections 85, 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), and all consequential proceedings emanating therefrom.
7. Issue notice. Learned APP accepts notice on behalf of the State. Mr. Rohan Aggarwal, learned counsel accepts notice on behalf of Respondent No.
2.
8. All the Petitioners and Respondent No. 2 are present before this Court and have been duly identified by their respective learned counsel.
9. Briefly, Petitioner No. 1 and Respondent No. 2 were married on 08.02.2023 according to Hindu rites and ceremonies and a male child, namely Vikas, was born from the wedlock on 30.07.2024. Owing to matrimonial disputes between the parties, FIR No. 67/2026 came to be registered. Subsequently, with the intervention of the relatives and the Mediation Centre, Bahadurgarh, District Jhajjar, Haryana, the parties entered into a settlement dated 06.03.2026 and resolved their matrimonial disputes.
10. Learned counsel for the Petitioners submits that pursuant to the settlement dated 06.03.2026, Petitioner No. 1 and Respondent No. 2 have resumed cohabitation and are residing together along with their child. It is submitted that nothing further survives between the parties.
11. On a query made by this Court, Respondent No. 2 categorically states that she has entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that she has been residing with Petitioner No. 1 along with their child and has no objection if the present FIR and all consequential proceedings arising therefrom are quashed.
12. In view of the fact that the parties have amicably resolved their matrimonial disputes, resumed cohabitation and have been living together, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation thereof would only result in unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case.
13. Accordingly, FIR No. 67/2026, registered at Police Station Kanjhawala, Delhi, under Sections 85, 316(2) and 3(5) of the BNS, and all consequential proceedings emanating therefrom, are hereby quashed.
14. The present petition along with the pending application(s) stands disposed of.
15. A copy of the order be communicated to the concerned Trial Court for necessary action and compliance.
16. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 14, 2026/JYH/m