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High Court of DelhiCRL.M.C./3929/2025

Tushar Sharma And ANR. & ANR. v. State Of NCT Of Delhi & ANR.

2025-09-24Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3929/2025, CRL.M.A. 17374/2025 TUSHAR SHARMA AND ANR. & ANR.

.....Petitioners Through:

Mr. Adarsh Verma and Mr. Harshit Soni, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr. Shoaib Haider, APP for State with SI Sumeet Poonia P.S. Vivek Vihar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.09.2025 1.

A Criminal Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners seeking quashing of FIR No.137/2023 under Section 498-A/406/34 IPC registered at Police Station Vivek Vihar, Delhi, in view of the Settlement dated 07.04.2025. 2.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 27.02.2020 according to Hindu rites and ceremonies and a child was born from the wedlock. It is stated that due to temperamental differences, the parties started residing separately. 3.

It is further submitted that on 08.04.2023, on the Complaint of respondent No. 2, an FIR bearing No. 137/2023 under Sections 498A/406/34 of the Indian Penal Code, 1860 got registered at Police Station Vivek Vihar. 4.

It is stated that with the intervention of their relatives, friends and family members, the parties have settled their disputes out of their own free will and consent, without any pressure, coercion or undue influence from any corner and executed Mutual Settlement Deed dated 07.04.2025, and it was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 21,00,000/- to the respondent No. 2/wife towards full and final amount of all the claims of the respondent No. 2/wife. It is also stated that the Petitioner No. 1 has already paid Rs. 16,00,000/- to respondent No. 2/wife. 5.

It is further stated that the remaining amount of Rs.5,00,000/- shall be paid by the petitioner No. 1/husband at the time of quashing of FIR No. 137/2023. It is also stated that the child shall remain in the custody of Respondent No. 2/wife.

6.

It is also stated that on 16.05.2025, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law. 7.

In view of the Compromise Deed dated 16.05.2025, the present petition has been filed.

8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9.

The third installment of Rs.5,00,000/- has been paid to the respondent No. 2/wife by the petitioner No. 1 today in the Court vide Demand Draft No."754923" dated 23.09.2025 drawn on The South India Bank Limited, Manesar, and the same has been confirmed by the respondent No. 2/wife. 10.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 07.04.2025 and thus, no fruitful purpose will be served in continuing with the FIR.

11.

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

by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 07.04.2025 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion.

12.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

13.

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.

14.

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

15.

Accordingly, FIR bearing No. 137/2023 registered at Police Station Vivek Vihar, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed. It is made clear that the above Settlement is without prejudice to the rights and entitlements of the child. 16.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 24, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.