Arohan Kapur & ORS. v. The State & ANR.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6144/2022 & CRL.M.A. 35655/2024 (placing on record fresh address of R-2) AROHAN KAPUR & ORS.

.....Petitioners Through:

Mr. Suresh Sharma, Advocate with petitioners in person.

Versus

THE STATE & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State with SI Pradeep Kumar.

Mr. Suresh Sharma and Mr. Shubham Sharma, Advocates for R-2 and R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 24.09.2025 1.

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 900/2020, registered at Police Station Rajouri Garden, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 2.

Issue notice. The learned APP accepts notice on behalf of the State. 3.

All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned from Police Station Rajouri Garden, Delhi. 4.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 28.11.2013, in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accordance with Hindu rites and ceremonies. It is stated that one child was born out of the said wedlock. It is further 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. It is, however, stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 19.02.2022. 5.

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 present FIR is quashed. 6.

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. 7.

Accordingly, FIR bearing No. 900/2020, registered at Police Station Rajouri Garden, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed; however, it is clarified that the rights of the minor child will not get affected as per the judgment titled Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787, passed by the Hon‟ble Supreme Court.

8.

The present petition along with pending application stands disposed of.

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

9.

In the meantime, it is directed that both the parties will remain bound by the MoU dated 19.02.2022.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J SEPTEMBER 24, 2025/vc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.