Ashish Sharma & ORS. v. The State Govt Of NCT Of Delhi & ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 924/2025 ASHISH SHARMA & ORS.
.....Petitioners Through:
Mr. Hirein Sharma, Advocate.
versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:
Mr. Shoaib Haider, APP for State.
Mr. Sumit Tyagi and Mr. Akash Tyagi, Advocates for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 26.03.2025 CRL.M.A. 4265/2025 (Seeking Exemption) 1.
Allowed, subject to just exceptions.
2.
The Application stands disposed of.
CRL.M.C. 924/2025 1.
Criminal Miscellaneous Petition under Section 528 BNSS has been filed for quashing of FIR No.146/2023 dated 22.01.2023 under Section 498A/406/34 IPC, P.S.Narela on the basis of the Settlement recorded on 26.09.2024 before Principal Judge, Family Court, Jind. 2.
Petitioner No.1 and Respondent No.2 are present in person. The statements of the parties have already been recorded before the Joint Registrar. 3.
Petitioner No.1 and Respondent No.2 endorse that they have voluntarily and without any fear and coercion entered into the settlement. A sum of Rs.20 lakhs has been agreed to be accepted by the Respondent No.2 towards all her claims and alimony past, present and future. The parties endorse that they shall remain bound by the terms of the Settlement. 4.
The first motion of the Divorce by Mutual Consent has already been passed and the Second Motion is listed on 04.04.2025. The parties undertake that they shall appear before the Court and make the requisite statements. The custody of the child aged about seven years is with the Petitioner No.1, father. 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 28/03/2025 at 12:25:05
5.
In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 6.
Moreover, there is no legal impediment in quashing the FIR in question.
7.
Accordingly, FIR bearing No. 146/2023 under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Narela for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed. However, it is hereby clarified that the settlement is without prejudice to the rights of the child.
8.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J MARCH 26, 2025/rk 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 28/03/2025 at 12:25:05