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High Court of DelhiCRL.M.C./6673/2025

Dharampal Sharma And ORS v. The State NCT Of Delhi And ANR

2025-09-18Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6673/2025, CRL.M.A. 28044/2025 DHARAMPAL SHARMA AND ORS .....Petitioner Through:

Adv. Avinash Vasishth and Adv.

Garima Mehta.

versus THE STATE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Shoaib Haider, APP for State with SI Neelam.

Mr. Deepak Sharma, Mr. Himanshu, Mr. Mohit Pal, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.09.2025 CRL.M.A. 28045/2025 & CRL.M.A. 28046/2025 (Seeking Exemption) 1.

Exemptions allowed, subject to all just exceptions. 2.

The applications stand disposed of.

CRL.M.C. 6673/2025 3.

A Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners for quashing of FIR No.184/2022 under Section 498A/406/354/354A/506/34 IPC registered at Police Station Farsh Bazar, Delhi.

4.

Brief facts of the case are that the marriage was solemnized between deceased son of Petitioner No. 1 and 2 and respondent No. 2 on 22.01.2011 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

according to Hindu rites and ceremonies. It is stated that a male child was born out of the said wedlock, who is now aged about 10 years. After the birth of the child, the son of Petitioner No.1 and 2/husband of Respondent No.2 was detected cancer and died in 2018.

5.

It is further submitted that, on the complaint of respondent No. 2, an FIR bearing No.184/2022 under Section 498A/406/354/354A/506/34 IPC got registered at Police Station Farsh Bazar. 6.

It is stated that the respondent No. 2 filed a Complaint bearing No. 306/2021 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and also Case Bearing No.17/2022 under Section 25 of the Guardian and Wards Act, 1890 against the Petitioner No.1 and 2 for the custody of the minor child. The Respondent No.2 also filed a Petition bearing Case No.01/2022 under Section 19 of the Hindu Adoption and Maintenance Act, 1956 against Petitioner No.1 for claiming maintenance. During the pendency of the above case, the matter was referred to Mediation Centre, Karkardooma courts, Delhi, wherein both the parties amicably settled all the disputes and differences vide Settlement Agreement dated 02.05.2024, and it was inter alia settled between the parties that the Petitioner No.1 would pay a sum of Rs.

4,00,000/- as full and final settlement to Respondent No.2 along with return of some valuable items as mentioned in the Settlement Agreement and that the Respondent No.2 would withdraw all her cased filed against the Petitioners and shall co-operate in quashing of the present FIR. It is also settled between the parties that the child shall remain in the custody of Petitioner No.1 and 2. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

It is further stated that in view of the Settlement Agreement dated 02.05.2024, the present petition has been filed. 8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 02.05.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 10.

The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Agreement dated 02.05.2024 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 11.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

12.

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, I am of the opinion that 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.

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

13.

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

14.

Accordingly, FIR bearing No. 184/2022 registered at Police Station Farsh Bazar, for offences punishable under Section 498A/406/354/354A/506/34 IPC and all consequential proceedings emanating therefrom are quashed. It is made clear that the above Settlement is without prejudice to the rights and entitlement of the child. 15.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 18, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.