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High Court of DelhiCRL.M.C./258/2025

Sareen James & ORS. v. State Govt. Of NCT Of Delhi And ANR.

2025-05-20Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 258/2025 SAREEN JAMES & ORS.

.....Petitioners Through:

Mr. Sandeep Sharma, Sr.Advocate with Mr. Sarthak Mannan and Ms.

Konika Mitra, Advocates.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Rajkumar, APP for State with SI Sangeeta, IO.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 20.05.2025 1.

By way of the instant petition, the petitioners seek quashing of the FIR bearing No. 12/2019, registered at Police Station CAW Cell, Nanakpura, Delhi, for the commission of offences punishable under Sections 406/498A/354/377/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 2.

Issue notice. Mr. Rajkumar, the learned APP accepts notice on behalf of the State.

3.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station CAW Cell, Nanakpura, Delhi.

4.

Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 had been solemnized at New Delhi on 18.04.2012, according to Christian rites and customs. It is stated that due to temperamental differences between the petitioner no. 1 and respondent no. 2, both the parties have been residing separately since 13.01.2016. Upon the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complaint of respondent no. 2, the present FIR came to be registered against the petitioners. After completion of investigation, the chargesheet had been filed before the concerned Court However, it is stated that during the pendency of the present case and with the intervention of the family and friends, both the parties have now amicably settled their dispute vide Memo of Settlement dated 24.05.2023 and had obtained a decree of divorce, by way of mutual consent, from the concerned Court. 5.

On a query made by this Court, respondent no. 2 who has been identified by the IO concerned, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. Therefore, she has no objection if the present FIR is quashed. The statement of the parties to the said effect had been recorded by the learned Joint Registrar (Judicial) on 24.04.2025.

6.

In view of the above and the 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.

7.

Accordingly, FIR bearing No. 12/2019, registered at Police Station CAW Cell, Nanakpura, Delhi, for the commission of offences punishable under Sections 406/498A/354/377/34 of IPC and all consequential proceedings emanating therefrom are quashed.

8.

In view of the above, the present petition stands disposed of. 9.

Pending applications, if any, also stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 20, 2025 rk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.