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High Court of DelhiCRL.M.C./1777/2026

Sh Sumit Jarwal v. The State NCT Of Delhi And ANR

2026-03-12Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1777/2026 & CRL.M.A. 7303/2026 SH SUMIT JARWAL & ORS .....Petitioners Through:

Mr. Sanjay Mandawat, Advocate (through videoconferencing) with petitioner in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for the State (through videoconferencing) Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 12.03.2026 1.

Petitioners seek quashing of FIR No. 291/2025 of PS Gulabi Bagh for offence under Section 85/316(2)/3(5) IPC on the ground that the complainant de facto (respondent no. 2) has compromised the disputes with the petitioners.

2.

The petition has been filed on the basis of a settlement deed dated 31.01.2026. Many of the conditions in the settlement deed are one sided and even vague. The petitioner no. 1 (husband) is an Advocate while respondent no. 2 (wife) is a lay person. In fact, paragraphs 4 and 5 of the settlement deed are in the nature of creating defence in favour of the petitioners by stating that if the wife commits suicide, the petitioners shall not be responsible in any manner. That is not how a compromise between spouses undergoing matrimonial discord should be arrived at. Further, I take strong 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 13/03/2026 at 12:46:42

objection to some of the clauses of the settlement deed which expect respondent no. 2 to be an 'obedient' wife with no corresponding 'obedient' attitude from husband. Such paternalistic approach is abhorrable. No court can sanctify such settlement deed.

3.

At this stage, learned counsel for petitioners, on instructions of his clients, seeks permission to withdraw this petition with liberty to file afresh without relying upon the above mentioned settlement deed. 4.

As requested, the petition and the accompanying application are dismissed as withdrawn with liberty as sought. GIRISH KATHPALIA, J MARCH 12, 2026 'rs'

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 13/03/2026 at 12:46:42