Delhi High Court
W.P.(CRL)/1982/2026 of AJAY KUMAR AND ANR Vs STATE NCT OF DELHI AND ANR. on 10 July 2026
Page 1 of 2 $~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1982/2026 CRL.M.A. 19824/2026 AJAY KUMAR AND ANR .....Petitioner Through: Mr. KD Vashisth, Adv. versus STATE NCT OF DELHI AND ANR. .....Respondent Through: Mr. Anand V Khatri, ASC SI Neelam CORAM: HON’BLE MR. JUSTICE
W.P.(CRL) 1982/2026 Page 1 of 2
$~103
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(CRL) 1982/2026 CRL.M.A. 19824/2026
AJAY KUMAR AND ANR
.....Petitioner
Through:
Mr. KD Vashisth, Adv.
versus
STATE NCT OF DELHI AND ANR.
.....Respondent
Through:
Mr. Anand V Khatri, ASC
SI Neelam
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN
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O R D E R
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10.07.2026
1. By way of this petition under Article 226 of the Constitution, the petitioner seeks quashing of FIR No. 246/2016, registered under Sections 498A, 406 and 34 of the Indian Penal Code, 1860, lodged at Police Station Swaroop Nagar, and consequential proceedings arising therefrom.
2. I notice that the agreement contemplates a settlement amount payable to respondent No. 2, which also purports to finally settling the rights of the minor child of the parties.
3. The agreement was entered into in 2016, and the child has since attained majority. Such a settlement agreement restricting the rights of the child, who was then a minor, is impermissible in view of the decision of the Supreme Court in Ganesh v. Sudhirkumar Shrivastava and Ors1.
4. In the course of interaction with petitioner No. 1, who is present on video conference, it does not appear that he has appreciated this position. 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 14/07/2026 at 11:42:56
W.P.(CRL) 1982/2026 Page 2 of 2
5. Mr. KD Vashisth, learned counsel for the petitioner, therefore, seeks permission to withdraw this petition, without prejudice to the petitioners’ rights to file a subsequent petition with an appropriate agreement, in accordance with law.
6. The petition, alongwith the pending application, is dismissed as withdrawn in terms of the above submission.
7. It is clarified that this Court has not made any observation on the merits of the case. PRATEEK JALAN, J JULY 10, 2026 tg/AN/ 1 (2020) 20 SCC 787. 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 14/07/2026 at 11:42:56