Nitesh Sharma & ORS. v. State NCT Of Delhi & ANR.
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 173/2025 NITESH SHARMA & ORS.
.....Petitioners Through:
Mr. Akbar Kaleem, Advocate along w ith Mr. Nitesh Sharma/petitioner in person.
versus STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Anand V Khatri, ASC for State Ms. Shaziya, Advocate for R-2 and Ms. Srishti Parihar/R-2(through VC).
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 03.03.2025 CRL.M.A. 1377/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 173/2025 3.
The instant petition has been filed by the petitioners, seeking quashing of FIR No. 192/2024, registered at Police Station, Patel Nagar, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter „IPC') and the proceedings emanating therefrom. 4.
Issue notice. Mr. Anand V Khatri, learned ASC accepts notice on behalf of the State.
5.
All the petitioners are present before this Court and have been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
identified by their counsel Mr. Akbar Kaleem and Investigating Officer (IO) concerned, Police Station, Patel Nagar, Delhi. 6.
Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 20.07.2021, in accordance with Hindu rites. It is stated that after the marriage, some temperamental difference had arisen between petitioner no. 1 and the respondent no. 2. On the complaint of the respondent no. 2, the present FIR was registered against the petitioners. It is stated that with intervention of the family and friends, both the parties have amicably settled their dispute vide Memorandum of Understanding (MoU) dated 15.12.2024. 7.
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. It is also stated by respondent no.2 that the entire dispute has been amicably settled/compromised between them and they have also filed the mutual divorce petition under Section 13B of Hindu Marriage Act, 1955 for decree of divorce before the learned Family Court, Jaipur, Rajasthan. Respondent no. 2 further states that she has no objection if FIR is quashed. 8.
In view of the above fact, that the parties have amicably resolved their differences 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 to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.
Accordingly, FIR bearing No. 192/2024, registered at Police Station, Patel Nagar, Delhi, for the offences punishable under Sections 498A/406/34 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of IPC and all consequential proceedings emanating therefrom are quashed. 10.
The petition stands disposed of.
11.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 3, 2025/VC Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.