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High Court of DelhiCRL.M.C./4291/2025

Sh Karun Sharma v. State Govt. Of NCT Of Delhi And ANR.

2025-07-04Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4291/2025 & CRL.M.A. 18707/2025 SH KARUN SHARMA .....Petitioner Through:

Mr. Prashant Batra, Advocate with Petitioner in person versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State with SI Vikrant Singh, P.S.

Hari Nagar Mr. Yudhishter Sharma, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 04.07.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner seeking quashing of FIR No. 0568/2020 under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at P.S. Hari Nagar and all the proceedings emanating therefrom, in terms of the Settlement dated 31.05.2024. 2.

Issue Notice.

3.

On advance notice, learned APP has appeared on behalf of the State and accepts notice. Learned Counsel for the Respondent No. 2 also appears on advance notice and accepts the notice.

4.

Brief facts of the case are that the marriage between Petitioner/husband and the Respondent No. 2/wife was solemnized on 12.02.2010, according to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Hindu rites and ceremonies and one girl child, namely, Darshita Sharma was born out of the said wedlock, who is under the care and custody of the Respondent No. 2. Due to temperamental issues, the Petitioner and the Respondent No. 2 are residing separately since 2020. 5.

It is further submitted that on 03.10.2020, on the basis of complaint made by the Respondent No. 2, an FIR No. 0568/2020 under Sections 498A/406/34 IPC got registered at P.S. Hari Nagar. 6.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant/wife and the Petitioner/husband. It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 31.05.2024.

7.

In the Settlement, it was inter alia settled between the parties that the Respondent No. 2 and the Petitioner shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955. It is stated that the Petitioner shall pay a sum of Rs.4,00,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife and also 50% of the sale proceeds of the properties as was agreed in terms of the Settlement. It is also submitted that the parties shall withdraw all the proceedings pending against each-other. 8.

It is stated that the Petitioner has already paid the settled amount of Rs.4,00,000/- and 50% of the sale proceeds of the concerned property to the Respondent No. 2, which is accepted by the Respondent No. 2. 9.

It is also stated that on 21.03.2025, the marriage between the Petitioner and the Respondent No. 2, had been dissolved by mutual consent, as per the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Hindu law.

10.

In view of the Settlement dated 31.05.2024, the present Petition has been filed.

11.

The parties are present before this Court in-person today and have been identified by their learned Counsel and concerned Investigating Officer. The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms of the Settlement.

12.

The parties have submitted that all the disputes have been amicably settled vide Settlement dated 31.05.2024 and thus, no fruitful purpose will be served in continuing with the FIR.

13.

The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of the Settlement dated 31.05.2024 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 14.

The Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed. 15.

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, 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. 16.

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

17.

Accordingly, FIR No. 0568/2020 under Sections 498A/406/34 IPC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at P.S. Hari Nagar and all consequential proceedings emanating therefrom are quashed. However, it is clarified that the said Settlement is without prejudice to the rights of the minors, in accordance with law. 18.

The Petition alongwith pending Application, is disposed of accordingly.

NEENA BANSAL KRISHNA, J.

JULY 4, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.