Nitesh Kumar & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2089/2025 NITESH KUMAR & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr. A.K Sinha and Mr. Vimal Sharma, Advs.

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

Mr. Rajkumar, APP for the State.

R-2 with her counsel

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.05.2025 CRL.M.A. 9381/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2089/2025 3.

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 43/2022, registered at Police Station Defence Colony, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC').

4.

Issue notice. The learned APP accepts notice on behalf of the State. 5.

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

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 petitioner no. 1 and respondent no. 2 was solemnized at New Delhi on 08.11.2019, in accordance with Hindu rites and ceremonies. It is stated that various differences, disputes and issues had arisen between the petitioners and respondent no. 2. Upon a complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with the intervention of the family and friends, the parties have now amicably settled their dispute vide Settlement Deed dated 03.07.2023. 7.

The matter has been amicably settled. It is stated that the custody of the minor child will remain with the mother and the father will have visitation rights. It is agreed and stated by both the parties that the future rights of the child have not been settled vide Settlement Deed dated 03.07.2023.

8.

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 FIR is quashed. The statement of the parties to the said effect had been recorded by the learned Joint Registrar (Judicial) on 27.03.2025.

9.

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 the interest of justice 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. 43/2022, registered at Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Defence Colony, Delhi, for the offences punishable under Sections 498A/406/34 of IPC 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 MAY 07, 2025/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.