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High Court of DelhiW.P.(CRL)/932/2026

Nitish Kumar & ORS. v. The State (NCT Of Delhi ) & ANR.

2026-03-23Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 932/2026 NITISH KUMAR & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.

Hariom Naagar & Mr. Jasvinder Kumar, Advocates.

versus THE STATE (NCT OF DELHI ) & ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC for the State.

Mr. Ashu Naagar & Mr. Lavi Tanwar, Advocates for R-2 and R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 23.03.2026 CRL.M.A. 8819/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 932/2026 3.

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 203/2025, registered at Police Station Sangam Vihar, Delhi, for the commission of offences punishable under Sections 498A/406/34/323 of the Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings emanating therefrom on the basis of settlement arrived at between the parties.

4.

Issue notice. The learned APP accepts notice on behalf of the State. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Sangam Vihar, Delhi.

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 18.07.2021, in accordance with Hindu rites. It is stated that one male child was born out of the said wedlock. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no. 2. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 13.12.2025 executed at Mediation Centre, Saket Courts, New Delhi.

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. Therefore, she has no objection if the present FIR is quashed. 8.

Although, the affidavits showing the protection of interest of minor child, as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon'ble Supreme Court, have not been filed by the learned counsel for the petitioners, however, the parties will remain bound by it.

9.

In view of the above, that the parties have amicably resolved their differences out 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing No. 203/2025, registered at Police Station Sangam Vihar, Delhi, for the commission of offences punishable under Sections 498A/406/34/323 of IPC and Sections 3/4 of the DP Act and all consequential proceedings emanating therefrom are quashed. 11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MARCH 23, 2026/vc/gj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.