CRL.M.C./4204/2025 of PARDEEP AND ANR Vs STATE NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4204/2025

PARDEEP AND ANR

.....Petitioners

Through: Petitioners with their counsel Mr. B.P. Vaishnav, Ms Birjesh Sharma, Mr. Ashok Sharma, Ms Samiksha Trivedi and Mr. Vinod Kataria, Advs. B.P. Vaishnav, Ms Birjesh Sharma, Mr. Ashok Sharma, Ms Samiksha Trivedi and Mr. Vinod Kataria, Advs.

versus

STATE NCT OF DELHI AND ANR

.....Respondents

Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Dharmveer PS Chhawla and SI Rima Special cell main IO. R-2 with her counsel the State with SI Dharmveer PS Chhawla and SI Rima Special cell main IO. R-2 with her counsel

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R R% 02.07.2025

CRL.M.A. 18331/2025 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 4204/2025

3.By way of the present petition, the petitioners are seeking quashing of FIR bearing no.30/2021, registered at Police Station Chhawala, New Delhi for offences 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.It is stated that the accused/husband has unfortunately passed away and this factum has already been verified before the learned Trial Court.

6.The petitioners and respondent no. 2 are present before this Court and have been identified by their respective counsel and Investigating Officer (IO) from Police Station Chhawala, New Delhi.

7.Brief facts of the present case are that petitioner no.1 and respondent no. 2 got married on 12.12.2023 according to Hindu rites and ceremonies at Delhi. One girl child namely Chitra was born on 22.05.2017 out of the said wedlock. Due to temperamental differences, parties started living separately since 2020. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioners. During pendency of the case, both the parties had amicably settled their disputes vide Settlement Deed dated 07.04.2025 recorded before the Mediation Centre, Dwarka Courts, New Delhi..

8.On 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 the entire dispute has been amicably settled between the parties.

9.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.

10.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.

11.Accordingly, FIR bearing no. 30/2021, registered at Police Station Chhawala, New Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 12.In view of above, the present petition stands disposed of. 13.The order be uploaded on the website forthwith.

JULY 02, 2025/A

DR. SWARANA KANTA SHARMA, J

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