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High Court of DelhiCRL.M.C./1893/2026

Smt Sarika & ORS. v. The State Govt Of NCT Of Delhi & ANR.

2026-03-16Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SMT SARIKA & ORS.

.....Petitioners Through:

Mr. Mohd. Aseem and Ms. Pallavi Waem, Advocates.

Petitioners in-person.

versus THE STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State.

SI Sumit, P.S.: Jagatpuri.

Mr. Sanjeev Manchanda, Advocate for complainant alongwith complainant in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 16.03.2026 CRL.M.A. 7772/2026 Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 315/2018 dated 26.10.2018 registered under sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Jagat Puri (East) Delhi.

2.

At the outset, it is pointed-out that the former husband of respondent No.2 is stated to have passed-away on 05.12.2025; a copy of the death certificate is appended to the petition herein. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petition is premised on Mediated Settlement Deed dated 30.05.2025 arrived at through mediation before the Delhi Mediation Centre, Karkardooma Courts, Delhi; and Divorce Decree dated 03.12.2025, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent. 4.

The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 5.

The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

6.

The parties have confirmed that no child was born from the wed-lock. 7.

No appeal is stated to have been filed from the divorce decree. 8.

The court has interacted with respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement agreement has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs.16 lacs from the petitioners; out of which Rs. 09 lacs was paid earlier and Rs. 07 lacs has been paid in court today, in compliance of the terms of the settlement agreement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

9.

Ms. Kiran Bairwa, learned APP confirms that the State has no objection to the subject FIR being quashed.

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

10. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

11. Accordingly, FIR No. 315/2018 dated 26.10.2018 registered under sections 498A/406/34 IPC at P.S.: Jagat Puri, East Delhi is quashed. All proceedings arising therefrom also stand closed.

12. Petition stands disposed-of.

13. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 16, 2026 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.