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High Court of DelhiCRL.M.C./8367/2025

Anup Kumar & ANR. v. The State Of NCT Of Delhi & ANR.

2025-11-24Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8367/2025 ANUP KUMAR & ANR.

.....Petitioners Through:

Mr. Ashok Kumar Tobria and Mr.

Pradeep Kumar Pathak, Advocates alongwith petitioners in person versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State Mr. Kamal Singh, Advocate for R-2 alongwith R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 24.11.2025 CRL.M.A. 34884/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8367/2025 3.

By way of the present writ petition, the petitioners seek quashing of FIR bearing no. 606/2020, registered at Police Station Palam Village, Delhi, for the commission of offence punishable under Sections 498A/406/509/34 of Indian Penal Code, 1860 (hereafter 'IPC') and the proceedings emanating therefrom.

4.

The petitioners and respondent no. 2 are present before this Court and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Palam Village, Delhi. 5.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 20.04.2016, as per Hindu rites and customs at District Kangra, Himanchal Pradesh. It is stated that one male child, namely, Master Mayank Dogra, was born out of the said wedlock on 13.02.2017, who is presently in the custody of respondent no. 2. Due to temperamental differences, parties have been residing separately since 20.08.2017. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioners. 6.

During pendency of the case, both the parties had amicably settled their disputes before the Counselling Cell, Family Courts, Delhi vide Settlement Deed dated 22.03.2025. The complainant is present in person, alongwith her counsel, and states that she has received the entire amount of ₹4,00,000/-, which was remaining balance of compromise amount, by way of online transaction.

7.

This Court notes that the custody of minor children is with respondent no. 2 and the future rights of the child will not be affected by virtue of this compromise.

8.

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 she has no objection if the present FIR is quashed.

9.

The learned counsel for the petitioner submits that the affidavits showing the protection of interest of minor child, as per the judgment titled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon'ble Supreme Court, have been filed and the same are on record. 10.

In view of the above fact 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. 11.

Accordingly, FIR bearing no. 606/2020, registered at Police Station Palam Village, Delhi, for the commission of offence punishable under Sections 498A/406/509/34 of IPC and all consequential proceedings emanating therefrom are quashed.

12.

In view of above, the present petition stands disposed of. 13.

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