← Library
High Court of DelhiCRL.M.C./8833/2025

Sandeep Tomar @ Sandeep & ORS. v. State NCT Of Delhi And ANR

2025-12-10Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8833/2025 SANDEEP TOMAR @ SANDEEP & ORS.

.....Petitioners Through:

Ms. Jyoti Gupta and Mr. Abhishek Sharma, Advocates along with petitioners-in-person.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for the State with SI Satish Kumar, PS Mangol Puri.

Respondent no. 2-in-person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 10.12.2025 CRL.M.A. 36868/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8833/2025 3.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 525/2019, registered at Police Station Mangolpuri, Delhi for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC').

4.

Issue notice. The learned APP accepts notice on behalf of the State. 5.

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

They have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Mangolpuri, Delhi. 6.

Briefly stated, facts of the present case are that the marriage between son of petitioner no. 1 and respondent no. 2 was solemnized on 02.03.2016, as per Hindu rites and customs at Delhi. It is stated that one female child was born out of the said wedlock. Due to temperamental differences, which had arisen between the parties, both the parties started residing separately since 08.06.2018. Thereafter, respondent no. 2 had filed a written complaint before the CAW Cell which culminated into the present FIR against the petitioners under the relevant sections. During the pendency of the trial, with the intervention of friends and family members, both the parties have now amicably settled their disputes vide Settlement Agreement dated 02.02.2023, entered between them. It is stated that as per the terms of settlement, both the parties have dissolved their marriage by way of mutual consent from the concerned Court.

7.

On a query made by this Court, respondent no. 2, who has been identified by the concerned 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 the entire dispute has been amicably settled between the parties and that she has received a sum of Rs.2,00,000/- by way of Demand Draft bearing no. 622898 dated 03.12.2025 and Rs.2,00,000/- by way of FDR in the name of minor child, drawn on State Bank of India towards the remaining payment, as per settlement, therefore, she has no objection, if the present FIR is quashed. 8.

This Court notes that the custody of minor child is with respondent no. 2 and the future right of the child will not be affected by virtue of this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compromise. The learned counsel appearing 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 out of their own free will, 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. 10.

Accordingly, FIR bearing no. 525/2019, registered at Police Station Mangolpuri, Delhi for the commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

11.

In view of the above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J DECEMBER 10, 2025/zp/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.