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High Court of DelhiW.P.(CRL)/386/2025

S. Swaraj & ORS. v. State (NCT Of Delhi) And ANR

2025-05-29Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 386/2025 S. SWARAJ & ORS.

.....Petitioners Through:

Mr. Satish Kumar Tripathi, Advocate alongwith petitioners in person versus STATE (NCT OF DELHI) AND ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC for the State Mr. Pardeep and Mr. Joginder Kumar, Advocates for victim Mr. Ankit Mittal, Advocate for R-2 alongwith Respondent no. 2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.05.2025 1.

By way of present petition, the petitioners seek quashing of FIR bearing no. 370/2021, registered at Police Station Laxmi Nagar, Delhi for the commission of offences punishable under Sections 498A/406/313/34 of the Indian Penal Code, 1860 (hereafter 'IPC') and the proceedings arising therefrom.

2.

The petitioners and respondent no. 2 are present before this Court. They have been identified by their counsels and concerned Investigating Officer (IO), from Police Station Laxmi Nagar, Delhi. 3.

Issue notice. Mr. Anand V. Khatri, the learned ASC accepts notice on behalf of State.

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

4.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 had been solemnized at Delhi on 12.05.2018, in accordance with Hindu rites and ceremonies. It is stated that due to various differences, disputes and issues, both the parties had started residing separately since 15.02.2019. Thereafter, respondent no. 2 had registered a complaint against the petitioners and on the basis of the aforesaid, the present FIR came to be registered. It is stated that with the intervention of family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding dated 03.07.2024. 5.

It is stated that both the parties have amicably settled their dispute and their statements to the said effect have been recorded by the learned Joint Registrar (Judicial) on 24.04.2025.

6.

On a query made by this Court, respondent no.2 who has been identified by the concerned 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 between the parties. Respondent no. 2 further states that she has no objection, if the present FIR is quashed. 7.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and 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. 8.

Accordingly, 370/2021, registered at Police Station Laxmi Nagar, Delhi for the commission of offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

498A/406/313/34 of IPC and all consequential proceedings emanating therefrom are quashed.

9.

In view of the above, the present petition along with pending applications, if any, stands disposed of.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 29, 2025/ns 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.