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High Court of DelhiCRL.M.C./1526/2025

Vikram Kakkar & ORS. v. The State & ANR.

2025-08-13Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1526/2025 VIKRAM KAKKAR & ORS.

.....Petitioners Through:

Mr. Amardeep Maini, Advocate versus THE STATE & ANR.

.....Respondents Through:

Mr. Rajkumar, APP for the State with SI Varun, P.S. Madhu Vihar

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 13.08.2025 CRL.M.A. 6840/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1526/2025 3.

By way of the present petition, the petitioners seek quashing of FIR bearing No. 263/2019, registered at Police Station Madhu Vihar, New Delhi, for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and all proceedings emanating therefrom.

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.

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

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 04.02.2016, in accordance with Hindu rites and ceremonies. No child was born out of the said wedlock. It is stated that due to temperamental differences between the parties owing to their respective thoughts for life, both the parties had started residing separately since 01.03.2018. Thereafter, respondent no. 2 had filed a complaint before the CAW Cell, Mandawali, District East, Delhi, against the petitioners culminated into the present FIR. After investigation, the chargesheet was filed before the concerned Court. It is stated that with intervention of the family members and relatives, the parties have now amicably settled their dispute vide Memorandum of Understanding dated 17.12.2024 and had obtained decree of divorce by way of mutual consent, from the concerned Court.

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 remaining settlement amount of Rs. 5,00,000/- vide Demand Draft (DD) bearing No. 127402 dated 12.08.2025 drawn on Canara Bank, Kashmere Gate, Delhi. Respondent no. 2 further states that she has no objection, if the FIR is quashed. 8.

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

9.

Accordingly, FIR bearing no. 263/2019, registered at Police Station Madhu Vihar, New Delhi, for the commission of offence punishable under Sections 498A/406/34 of IPC and subsequent proceedings thereof are quashed.

10.

In view of above, the present petition along with pending application, if any, stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 13, 2025/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.