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High Court of DelhiCRL.M.C./6790/2025

Ashwani Sharma & ORS. v. The State Of NCT Of Delhi And ANR

2025-09-22Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6790/2025 ASHWANI SHARMA & ORS.

.....Petitioners Through:

Mr. ___ Counsel (appearance not given) Petitioners in person versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for the State Mr. Yakshay Auluck, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 22.09.2025 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 Petitioners for quashing of FIR No. 0619/2022 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at P.S. Punjabi Bagh and all the proceedings emanating therefrom, in terms of the Settlement dated 01.10.2024.

2.

Issue Notice.

3.

Learned APP appearing on advance Notice, accepts Notice on behalf of the State. Learned Counsel for the Respondent No. 2 appears 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 31.10.2017, 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 no child was born out of the said wedlock. Due to temperamental issues, the Petitioner/husband and the Respondent No. 2 are residing separately since 20.08.2019.

5.

It is further submitted that on 16.08.2022, on the basis of complaint made by the Respondent No. 2, FIR No. 0619/2022 got registered under Sections 498A/406/34 IPC at P.S. Punjabi Bagh. 6.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner/husband. It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 01.10.2024.

7.

The parties are present before this Court in-person today and have been identified by their respective learned Counsel. 8.

In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955, from the Court of learned Principal Family Judge, Delhi. It is stated that the Respondent No. 2/wife shall not claim anything from the Petitioner/husband towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony. It is also submitted that the parties shall withdraw all the proceedings pending against each-other.

9.

It is also stated that on 07.01.2025, the marriage between the Petitioner/husband and the Respondent No. 2/wife, had been dissolved by mutual consent, as per the Hindu law passed by learned ASJ, Family Court, Faridabad.

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

10.

In view of the Settlement dated 01.10.2024, the present Petition has been filed.

11.

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 01.10.2024 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 01.10.2024 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 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.

Consequently, FIR No. 0619/2022 registered under Sections 498A/406/34 IPC at P.S. Punjabi Bagh and all consequential proceedings emanating therefrom are quashed.

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

18.

The Petition alongwith pending Application, is disposed of accordingly.

NEENA BANSAL KRISHNA, J.

SEPTEMBER 22, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.