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High Court of DelhiCRL.M.C./4226/2025

Abhishek Jain & ORS. v. State NCT Of Delhi And ANR

2025-07-02Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4226/2025 ABHISHEK JAIN & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.

Nitin Garg and Mr. Kashif Khan, Advs.

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

Mr. Rajkumar, APP for the State along with SI Priyanka.

R-2 with her counsel Mr. Puneet Tomar, Adv.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 02.07.2025 CRL.M.A. 18413/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4226/2025 3.

By way of the present petition, the petitioners are seeking quashing of FIR bearing no.0187/2022, registered at Police Station Shahdara, Delhi for offences punishable under Sections 498A/406/506/34 of Indian Penal Code, 1860 (hereafter 'IPC').

4.

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

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

have been identified by their respective counsel and Investigating Officer (IO) from Police Station Shahdara, New Delhi. 6.

Brief facts of the present case are that petitioner no.1 and respondent no. 2 got married on 19.04.2021 according to Hindu rites and ceremonies at Delhi. One child namely Ansh Jain was born on 16.01.2023, out of the said wedlock. Due to temperamental differences, parties started living separately since 04.05.2022. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioners. During pendency of the case, both the parties had amicably settled their disputes vide Deed of Settlement dated 06.08.2024.

7.

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. She further states that she has received an amount of Rs.2,00,000/- in her bank account. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties. 8.

The learned counsel for the petitioners submits that 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 been filed and the same are on record. The petitioner no. 1 herein states that he has signed the Deed of Settlement having understood that he has no visitation right. 9.

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

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. 0187/2022, registered at Police Station Shahdara, Delhi for offences punishable under Sections 498A/406/506/34 of IPC and all consequential proceedings emanating therefrom are quashed. 11.

In view of above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 02, 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.