← Library
High Court of DelhiCRL.M.C./8454/2025

Sh Yogesh Kumar & ORS. v. The State NCT Of Delhi And ANR.

2025-11-27Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8454/2025 SH YOGESH KUMAR & ORS.

.....Petitioners Through:

Mr. Subodh Kumar, proxy counsel versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 27.11.2025 CRL.M.A. 35301/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8454/2025 3.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 510/2019, registered at Police Station Sultanpuri, Delhi, for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and all the proceedings emanating therefrom.

4.

The petitioners and respondent no. 2 are present before this Court and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Sultanpuri, Delhi.

5.

Brief facts of the present case are that the marriage between petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no. 1 and respondent no. 2 was solemnized on 20.02.2017, as per Hindu rites and customs. It is stated that one female child was born out of the said wedlock on 19.11.2017, who is presently in the custody of respondent no. 2. Due to temperamental differences, parties have been residing separately since 02.07.2018. 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 Mediation Centre, Rohini District Courts, Delhi vide Settlement Agreement dated 02.05.2020.

7.

The complainant is present in person, alongwith her counsel, and states that she has received a sum of Rs.2,00,000/- vide Demand Draft bearing no. 870344 dated 24.11.2025 drawn on State Bank of India, Guru Harkishan Nagar, Delhi Branch, which was remaining balance of compromise amount.

8.

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.

9.

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.

10.

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

11.

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. 12.

Accordingly, FIR bearing no. 510/2019, registered at Police Station Sultanpuri, Delhi, for the commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

13.

In view of above, the present petition stands disposed of. 14.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J NOVEMBER 27, 2025/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.