Sh. Vinay Joshi And ORS v. The State Of N.C.T Of Delhi And ANR
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10121/2024 SH. VINAY JOSHI AND ORS .....Petitioners Through:
Mr. Sunil Kr. Yadav, Ms. Monika Yadav, Mr. Anil Yadav, Mr. Sandeep Yadav and Mr. Nikhil Sharma, Advocates.
versus THE STATE OF N.C.T OF DELHI AND ANR .....Respondents Through:
Mr. Naresh Kumar Chahar, APP for State with Mr. Hitesh Vali, Advocate with SI Somika and IO Isha.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 13.03.2026 1.
By way of the present petition, the petitioners seek quashing of FIR bearing no. 80/2019, registered at Police Station Bindapur, Delhi, for commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings emanating therefrom on the basis of settlement arrived at between the parties.
2.
Issue notice. The learned APP accepts notice on behalf of the State. 3.
All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) from Police Station Bindapur, Delhi.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Brief facts of the present case are that the marriage between petitioner no.1 and respondent no. 2 was solemnized on 03.12.2016 according to Hindu rites and ceremonies at Delhi. One child was born out of their wedlock, who is currently in the custody of respondent no. 2/mother. Due to temperamental differences, parties started living separately since 01.09.2017. It is stated that on the complaint of respondent no. 2, the present FIR was registered at the concerned Police Station. 5.
During pendency of the case, both the parties had amicably settled their disputes vide Memorandum of Understanding (MoU) dated 22.07.2022 and had obtained decree of divorce, by way of mutual consent, before the concerned Court.
6.
Death Verification Report qua petitioner no. 2 is on record and the same stands verified by the State.
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. It is also stated by respondent no.2 that she has received an amount of Rs. 3,00,000/- vide Demand Draft (DD) bearing no. 637045 dated 20.08.2025 drawn on State Bank of India. Respondent no. 2 further states she has no objection if the present FIR is quashed. 8.
The learned counsel for the petitioners 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. 9.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 10.
Accordingly, FIR bearing no. 80/2019, registered at Police Station Bindapur, Delhi, for commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
11.
In view of above, the present petition stands disposed of. 12.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MARCH 13, 2026/vc/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.