Mukesh & ORS. v. The State NCT Of Delhi & ANR.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3414/2025 MUKESH & ORS.

.....Petitioner Through:

Mr. Avinash Shukla and M.r Aakash Gupta, Advocates with Petitioners in person.

versus THE STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Yudhvir Singh Chauhan, APP for the State with ASI Ashok Kumar P.S.

Saket.

Mr. Abhishek Mishra, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 28.05.2025 CRL.M.A. 15061/2025 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The Application stands disposed of.

CRL.M.C. 3414/2025 3.

The present Petition under Section 528 BNSS has been filed on behalf of the petitioners seeking to quash the FIR No. 443/2023 dated 18.10.2023 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Saket.

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

4.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 30.01.2012 according to Hindu rites and ceremonies. It is stated that out the said wedlock, a baby daughter Maanvi was born on 09.11.2013. It is stated that Petitioner No.1 and Respondent No.2 could not adjust with each other and started residing separately since 21.09.2022.

5.

It is further submitted that on the Complaint of respondent No. 2, an FIR bearing No. 443/2023 dated 18.10.2023 under Sections 498A/406/34 of the Indian Penal Code, 1860 got registered at Police Station Saket. 6.

It is stated that the Chargesheet was filed in the Court and during the pendency of the case, the matter has been amicably settled between the petitioners and Respondent No.2 vide Compromise Deed dated 21.05.2024, whereby Petitioner No.1 and Respondent No.2 have decided to reconcile their marriage and to live together as husband and wife. 7.

In view of the Compromise Deed dated 21.05.2024, the present petition has been filed.

8.

The parties are present before this Court in-person today, and have been identified by their respective counsels and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. Both Petitioners and the Respondent No.2 undertake to abide by the terms of the Settlement dated 21.05.2024. The statement of Petitioner No.1 and Respondent No.2 has also been recorded by the learned Joint Registrar and thus, no fruitful purpose will be served in continuing with the FIR.

9.

The present petition has been signed by all the parties and is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 21.05.2024 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 10.

The respondent No. 2/wife submits that she has been livingly in her matrimonial home peacefully after reconciling all the issues with the Petitioners. Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has no objection if the FIR is quashed. 11.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

12.

Moreover, there is no legal impediment in quashing the FIR in question.

13.

Accordingly, FIR bearing No.443/2023 registered at Police Station Saket, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed.

14.

The petition stands disposed of along with pending Application(s). NEENA BANSAL KRISHNA, J MAY 28, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.