← Library
High Court of DelhiCRL.M.C./2863/2025

Mohit Ahuja & ORS. v. State Govt Of NCT Of Delhi & ANR.

2025-05-07Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2863/2025 & CRL.M.A. 12787/2025 MOHIT AHUJA & ORS.

.....Petitioners Through:

Ms. Anita Burman, Mr. Karan Burman and Mr. Varun Seth, Advocates alongwith petitioners in person versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Rajkumar, APP for the State with SI Vijay Pal Singh, P.S.CAW Cell Nanakpura Mr. Vishal Chaudhary and Ms.

Supriya Chaudhary, Advocates for R2 alongwith R-2 in person (through VC)

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.05.2025 CRL.M.A. 12788/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2863/2025 3.

By way of the instant petition, the petitioners seek quashing of the FIR bearing No. 76/2017, registered at Police Station CAW Cell, Nanakpura, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice. Mr. Rajkumar, 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 CAW Cell, Nanakpura, Delhi.

6.

Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized at New Delhi on 10.12.2013, according to Hindu rites and ceremonies. No child was born out of the said wedlock. It is stated that due to temperamental differences between the parties, both petitioner no. 1 and respondent no. 2 started residing separately since 27.08.2016. Thereafter, both the parties had agreed to settle all their disputes vide Settlement Agreement dated 17.12.2024 and had dissolved their marriage by way of mutual consent.

7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 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 02.05.2025.

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

There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing No. 76/2017, registered at Police Station CAW Cell, Nanakpura, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

10.

In view of the above, the present petition stands disposed of. 11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 07, 2025/ns 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.