Gulshan Kumar And ORS v. The State NCT Of Delhi And ANR

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3565/2026 GULSHAN KUMAR AND ORS .....Petitioners Through:

Counsel (appearance not given) with petitioners in person.

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

Mr. Digam Singh Dagar, APP for State.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.05.2026 CRL.M.A. 14498/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3565/2026 3.

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 0346/2021, registered at Police Station Baba Haridas Nagar, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter „IPC') and all consequent 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. 5.

All the petitioners and respondent no. 2 are present before this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Baba Haridas Nagar, 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 28.11.2017, in accordance with Hindu rites and ceremonies. It is stated that one child was born out of the said wedlock, who is under the custody of respondent no. 2. 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 15.07.2025.

7.

This Court notes that the custody of child is in care and custody of respondent no. 2 and the future rights of the children will not be affected by virtue of this compromise.

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. It is stated that she has received the amount of Rs. 2,00,000/- vide Demand Draft (DD) bearing no. 293313 dated 04.04.2026. Therefore, she has no objection if the present FIR is quashed. 9.

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.

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

10.

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 to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing No. 0346/2021, registered at Police Station Baba Haridas Nagar, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 07, 2026/vc/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.