Parshant Sikri & ORS. v. The State Of NCT Of Delhi & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 39/2025 PARSHANT SIKRI & ORS.

.....Petitioners Through:

Mr.Sahil Vij and Mr. Puneet Jindal, Advocates with petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr.Digam Singh Dagar, APP with SI Vikram PS SB Dairy Mr.S. Singh, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 05.08.2025 1.

Petitioners herein seek quashing of an FIR No. 581/2020 dated 23.11.2020 under Sections 498-A, 406 and 34 IPC, registered at P.S. Shahbad Dairy, Delhi, along with all the proceedings arising therefrom, on the basis of the compromise arrived at between the parties. 2.

Dispute between the parties arose from the matrimonial discord between Petitioner No.1 (Husband) and Respondent No.2 (Wife) stated to be caused by temperamental differences between them. The couple got married on 27.11.2015, according to Hindu rites, however, they are living separately since 01.04.2019. One child is also born out of the wedlock and is presently in the care and custody of Petitioner No.1.

2.1 Petitioner No. 2 is the mother of Petitioner No.1, while Petitioners No. 3 and 4 are his sisters.

CRL.M.C. 39/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Respondent No.2 lodged a complaint against all the petitioners before the CAW Cell, North West District, and on the basis of the said complaint, the aforesaid FIR was registered.

4.

Learned counsel for the petitioners submits that the parties, of their own volition and without any coercion or undue influence, have now amicably resolved their dispute by way of settlement for a sum of Rs. 3,00,000/- vide Settlement Deed dated 15.05.2023 which is placed on record as Annexure-B. It is further submitted that an affidavit by Respondent no.2, expressing no objection to the quashing of the FIR, is also on record. 5.

Parties are present in the Court. On a query posed by the Court to Respondent No.2, she candidly submits that she has amicably settled the dispute of her own volition and without any duress, pressure or coercion from any quarters. She further affirms that she has obtained a decree of divorce dated 02.07.2024 by mutual consent and all that was payable to her has been received in full and final satisfaction. 6.

In response to a Court query, both the counsel for Respondent No. 2 and the learned Public Prosecutor for the State concur with the factum of the compromise arrived at between the parties and convey their no objection to the quashing of the FIR.

7.

In the aforesaid backdrop, I have heard learned counsel for the Petitioners and Respondent No.2 as well as perused the material available on record.

8.

Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law, especially when dispute does not CRL.M.C. 39/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

involve any public interest or interest of the society at large. Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement. 9.

Quashing the FIR would rather facilitate the parties in maintaining or restoring cordiality, especially co-parenting the minor child born out of the wedlock. The child's well-being would be better preserved in an environment where the parents are not embroiled in ongoing legal disputes. Therefore, the proceedings deserve to be quashed in the exercise of the inherent powers of the Court. Reference may be had to the judgement rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

10.

Accordingly, exercising the inherent powers vested in this Court under Section 528 of BNSS, it is therefore deemed appropriate to quash the FIR arising from this matrimonial dispute.

11.

Consequently, the instant petition is allowed. FIR No. 581/2020 dated 23.11.2020 under Sections 498-A, 406 and 34 IPC, registered at P.S. Shahbad Dairy, Delhi and the criminal proceedings arising there from are hereby quashed.

12.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J AUGUST 5, 2025/SV/HD CRL.M.C. 39/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.