Delhi High Court – Orders
Kishan Singh And Ors vs State (Govt. Of Nct Of Delhi) And Anr on 18 February, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1370/2026
KISHAN SINGH AND ORS. .....Petitioners
Through: Mr. Ashutosh Bhardwaj, Mr.
Lakshay Tyagi & Mr. Akshay
Tyagi, Advocates.
versus
STATE (GOVT. OF NCT OF DELHI) AND ANR......Respondents
Through: Mr. Hitesh Vali, APP for State.
SI Sumeet Ponia, PS Vivek Vihar.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 18.02.2026
CRL.M.A. 5505/2026 (Exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 1370/2026
1. By way of the present petition, the petitioners seek quashing of the
proceedings arising out of FIR No. 269/2012 dated 16.09.2012, registered
at Police Station Vivek Vihar, Delhi, initially under Sections 306 and 34
of the Indian Penal Code, 1860 [“IPC“]. Section 498-A IPC was
subsequently invoked and incorporated in the charge sheet dated
07.11.2012. The petitioners seek quashing of the aforesaid proceedings
on the basis of a Compromise Deed dated 04.02.2026 entered into with
respondent No. 2, who is the complainant and the brother of the deceased,
the wife of petitioner No. 1.
CRL.M.C. 1370/2026 Page 1 of 3
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2. Petitioner No. 1 and the deceased had two children, who are
presently aged 17 and 15 years. Since the demise of their mother, the
children have been in the custody of their maternal uncle, i.e., respondent
No. 2. Under the terms of the Compromise Deed, it is contemplated that
their custody shall now be handed over to petitioner No. 1.
3. It appears that the Compromise Deed was entered into without the
intervention of a counsellor or of the Court. Consequently, the question as
to whether the proposed arrangement subserves the best interests of the
children has not been independently examined.
4. In these circumstances, the parties are referred to Samadhan –
Delhi High Court Mediation and Conciliation Centre. They shall appear
before the learned Mediator on 24.02.2026. The learned Mediator is
requested to take the assistance of a counsellor, if so required, so that a
properly considered and comprehensive settlement agreement,
particularly with regard to the welfare and best interests of the children,
may be placed before this Court.
5. At this stage, Mr. Hitesh Vali, learned Additional Public
Prosecutor, places reliance upon a judgment of the Supreme Court in
Daxaben v. State of Gujarat [(2022) 16 SCC 117] to contend that
proceedings involving an offence under Section 306 of IPC ought not to
be quashed on the basis of a settlement between the parties.
6. Per contra, Mr. Ashutosh Bhardwaj, learned counsel for the
petitioners, submits that, this Court in Vipin Suneja v. State (NCT of
Delhi) [2022 SCC OnLine Del 5224], has taken the view that, in
appropriate circumstances, jurisdiction under Section 482 of the Code of
Criminal Procedure, 1973 may be exercised to quash proceedings under
CRL.M.C. 1370/2026 Page 2 of 3
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 19/02/2026 at 20:37:54
Section 306 of the IPC.
7. In view of the aforesaid submissions, it is clarified that the said
question is left open for consideration at the appropriate stage.
8. The petition is disposed of with the aforesaid directions, leaving it
open to the parties to approach this Court afresh, if and when a settlement
is arrived at.
PRATEEK JALAN, J
FEBRUARY 18, 2026
‘pv’/SD/
CRL.M.C. 1370/2026 Page 3 of 3
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 19/02/2026 at 20:37:54
