Suresh Mittal & ORS. v. State NCT Of Delhi And ANR

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4274/2025 SURESH MITTAL & ORS.

.....Petitioners Through:

Mr. Sushant Kumar, Advocate along with petitioners in person.

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

Ms. Meenakshi Dahiya, APP for State along with SI Monu Kumari, PS:

Dabri Ms.Neetu Thakur, Advocate for R-2 and R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.07.2025 CRL.M.A. 18647/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4274/2025 3.

By way of the present petition, the petitioners are seeking quashing of FIR bearing no. 302/2023, registered at Police Station Dabri, Delhi, for the commission of offences punishable under Section 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC').

4.

Issue notice. Ms. Meenakshi Dahiya, 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.

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 25.11.2020, in accordance with Hindu rites and ceremonies. No child was born out of the said wedlock. 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.

7.

It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute before Family Courts dated 18.01.2025 wherein it has been stated that the petitioner no. 1 herein shall pay a sum of Rs. 8,25,000/- to the respondent no. 2 in three instalments as a full and final settlement. The amount shall be paid in three instalments by way of Demand Draft/pay order. It is further agreed between the parties that the first instalment of Rs. 3,00,000/- shall be given to the respondent no. 2 in the Court by way of DD at the time of recording of statement for the first motion. It is agreed between the parties that the first motion petition shall be filed on or before 15.03.

2025 and second motion petition shall be filed soon after the completion of the statuary period of the order under Section 13(B)(I) of Hindu Marriage Act, 1955 and the petitioner shall pay an amount of Rs 2,25,000/- to the respondent no. 2 at the time of statements of second motion in the form of DD/Pay order. It is further agreed between the parties that the petitioner no. 1 shall pay remaining amount of Rs 3,00,000/- to respondent no. 2 in the form of DD made in the name of wife/respondent no. 2 at the time of quashing of the present FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

This Court is informed that the petitioner no. 1 has paid the remaining amount of Rs. 3,00,000/- to the respondent no. 2/wife vide Demand Draft bearing no. 024230 dated 04.07.2025.

9.

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. Therefore, she has no objection if the FIR is quashed. 10.

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. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing no. 302/2023, registered at Police Station Dabri, Delhi, for the commission of offences punishable under Section 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

12.

Accordingly, the present petition stands disposed of. 13.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 04, 2025/vc 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.