Jai Shankar Jha & ORS. v. The State Govt Of NCT Of Delhi & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 706/2026 & CRL.M.A. 2821/2026 JAI SHANKAR JHA & ORS.

.....Petitioners Through:

Mr. Zeeshan Diwan, Mr. Harsha and Ms. Ankita Yadav, Advocates alongwith petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR. . ....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Sushma, P.S. Janakpuri Metro R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 10.03.2026 CRL.M.A. 2823/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 706/2026 & CRL.M.A. 2821/2026 3.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 634/2017, registered at Police Station Uttam Nagar, Delhi, for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and all proceedings arising therefrom. 4.

The petitioners and respondent no. 2 (through video conferencing) are present before this Court and have been identified by their counsels and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

concerned Investigating Officer (IO) from Police Station Uttam Nagar, Delhi.

5.

Brief facts of the present case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 21.11.2011, as per Hindu rites and customs at Delhi. It is stated that one male child was born out of the said wedlock, who is presently in the custody of respondent no. 2. It is stated that due to some disputes and differences which had arisen between the parties, both the parties started residing separately since 09.04.2014. On the complaint of respondent no. 2 before the CAW Cell, the present FIR was registered against the petitioners. 6.

During the pendency of the case, with the intervention of family friends, relatives and well wishers, both the parties amicably settled their disputes before the Counselling Cell, Family Courts, Dwarka, Delhi dated 10.10.2019. Thereafter, both the parties had dissolved their marriage by way of mutual consent before the concerned Court. 7.

The respondent no. 2, who appeared through video conferencing states that she has received the entire amount from the petitioner no. 1 which she was to receive, as per settlement.

8.

This Court notes that the custody of minor child is with respondent no. 2 and the future rights of the child will not be affected by virtue of this compromise.

9.

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. Respondent no. 2 further states she has no objection if the present FIR is quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The learned counsel appearing for the petitioner submits that the affidavits showing the protection of interest of minor child, as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon'ble Supreme Court, have been filed and the same are on record.

11.

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. 12.

Accordingly, FIR bearing no. 634/2017, registered at Police Station Uttam Nagar, Delhi, for the commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

13.

In view of above, the present petition alongwith pending application, if any, stands disposed of.

14.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MARCH 10, 2026/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.