Deepak Sharma And ORS v. State Govt Of NCT And ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1111/2025 & CRL.M.A. 5059/2025 DEEPAK SHARMA AND ORS .....Petitioners Through:

Mr. Sobhik Tanwar, Advocate with Petitioners in person versus STATE GOVT OF NCT AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for the State with SI Chanjang and ASI Ajay, P.S.

Mandawali Mr. R.C. Pathak, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 30.05.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.')/Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed on behalf of the Petitioners for quashing of FIR No. 0581/2022 dated 24.08.2022 under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at P.S. Mandawali Fazal Pur and all the proceedings emanating therefrom, in terms of the Compromise Deed dated 04.11.2023.

2.

Issue Notice.

3.

Mr. Shoaib Haider, learned APP appearing on advance Notice, accepts Notice on behalf of the State.

4.

Brief facts of the case are that the marriage between Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.1/husband and the Respondent No. 2/wife was solemnized on 30.04.2021, according to the Hindu rites and ceremonies and no child was born out of the said wedlock.

5.

It is further submitted that on 24.08.2022, on the basis of complaint made by the Respondent No. 2, an FIR No. 0581/2022 under Sections 498A/406/34 of the IPC, got registered at P.S. Mandawali Fazal Pur. 6.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No. 1/husband. It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Compromise Deed dated 04.11.2023.

7.

In terms of the Compromise Deed dated 04.11.2023, the Statements of the parties have already been recorded before the learned JR. 8.

In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955, from the Court of learned Principal Family Judge, Delhi. It is stated that the Petitioner No. 1/husband shall pay a sum of Rs.5,00,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in two instalments. It is also submitted that the parties shall withdraw all the proceedings pending against each-other.

9.

It is stated that the Petitioner No. 1/husband has already paid the settled amount of Rs.5,00,000/- to the Respondent No. 2, which is accepted by the Respondent No. 2.

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

10.

It is also stated that on 01.10.2024, the marriage between the Petitioner No. 1/husband and the Respondent No. 2/wife, had been dissolved by mutual consent, as per the Hindu law.

11.

In view of the Compromise Deed dated 04.11.2023, the present Petition has been filed.

12.

The parties are present before this Court in-person today and have been identified by their learned Counsel and concerned Investigating Officer. The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms of the Settlement.

13.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 04.11.2023 and thus, no fruitful purpose will be served in continuing with the FIR. 14.

The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of the Compromise Deed dated 04.11.2023 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion.

15.

The Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed. 16.

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

17.

Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

18.

Accordingly, FIR No. 0581/2022 under Sections 498A/406/34 of the IPC registered at P.S. Mandawali Fazal Pur and all consequential proceedings emanating therefrom are quashed.

19.

The Petition alongwith pending Application, is disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 30, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.