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High Court of DelhiCRL.M.C./1146/2026

Rahul Sharma & ORS. v. The State NCT Of Delhi & ANR.

2026-02-10Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1146/2026 RAHUL SHARMA & ORS.

.....Petitioners Through:

Mr. Haneef Mohd. and Mr. Anil Vyas, Advs. alongwith petitioners in person versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Neeraj, PS Nihal Vihar Mr. Pradeep Kumar Singh, Adv. for R-2 alongwith R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 10.02.2026 CRL.M.A. 4557/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1146/2026 3.

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 941/2022, registered at Police Station Nihal Vihar, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter „IPC') and all consequential proceedings emanating therefrom on the basis of settlement arrived between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the parties.

4.

Issue notice. The learned APP accepts notice on behalf of the State. 5.

All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned Police Station Nihal Vihar, 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 20.11.2021, in accordance with Hindi rites and ceremonies. It is stated that one male child was born out of the said wedlock on 09.09.2022, who is presently in the custody of respondent no. 2. Due to temperamental differences, parties have been residing separately since 28.02.2022. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no. 2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Settlement dated 16.10.2024 before Delhi Mediation Centre, Tis Hazari Courts, Delhi.

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 that she has received the balance amount of ₹3,00,000/- vide Demand Draft (DD) bearing no. 001337 dated 05.02.2026, drawn on the Uttar Pradesh Co-operative Bank Ltd. 8.

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

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

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.

10.

The learned counsel for the petitioners 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. 941/2022, registered at Police Station Nihal Vihar, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

13.

The petition stands disposed of.

14.

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