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High Court of DelhiCRL.M.C./6536/2025

Himanshu Dahiya And ORS v. The State NCT Of Delhi And ANR

2025-09-23Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6536/2025 HIMANSHU DAHIYA AND ORS .....Petitioners Through:

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Rajkumar, APP for the State with SI Chitra

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 23.09.2025 CRL.M.A. 27525/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.A. 27525/2025 3.

By way of the present petition, the petitioners are seeking quashing of the FIR bearing no. 33/2020, registered at Police Station South Rohini, Delhi for the offences punishable under Sections 323/377/406/498A/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 4.

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

All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station South Rohini, Delhi. 6.

Brief facts of the case are that the marriage between petitioner no. 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and respondent no. 2 was solemnized at Bijnor, Uttar Pradesh on 09.02.2019 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 respondent no. 2 pursuant to which, the respondent no. 2 started living separately since 06.04.2019. Upon the complaint of respondent no. 2, the present FIR was registered against the petitioners. It is stated that the parties have now amicably settled their dispute vide Settlement Agreement dated 09.10.2024. It is stated that divorce has been granted by the learned Judge by way of decree of divorce dated 22.01.2025.

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. Respondent no. 2 further states that she has received the last payment due to her as per settlement arrived at between the parties i.e. Rs. 6,00,000/- by way of Demand Draft No. 812214 drawn on Punjab National Bank, and therefore, has no objection if the present FIR is quashed. 8.

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. 9.

Accordingly, FIR bearing no. 33/2020, registered at Police Station South Rohini, Delhi for the offences punishable under Sections 323/377/406/498A/34 of IPC and all consequential proceedings emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

therefrom are quashed.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J SEPTEMBER 23, 2025/zp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.