CIVIL APPEAL 5057/2025

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5057/2025

SHAMSHER SINGH & ORS. .....Petitioners Through: Petitioners with their counsel Ms Vandana Dhoundiyal, Mr Rohit Chaudhary and Ms Priya Yadav, Advs.

versus

THE STATE (GOVT. OF NCT OF DELHI)

& ANR.

.....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with Ms. Amisha Dahiya, Adv. R-2 with her counsel. (appearance not given).

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R R13.10.2025

1.By way of the present petition, the petitioners seek quashing of FIR

bearing no. 392/2022, registered at Police Station Tilak Nagar, Delhi, for commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter „IPC‟).

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 Tilak Nagar, Delhi.

4.Brief facts of the present case are that the marriage between petitioner no.1 and respondent no. 2 was solemnized in April, 2010 according to Sikh rites and ceremonies. Three children were born out of their wedlock, who are presently in the custody of petitioner no.1. Due to temperamental differences, the parties started living separately since 07.12.2020. It is stated that on the complaint of respondent no. 2, the present FIR was registered at the concerned Police Station. During pendency of the case, both the parties have amicably settled their disputes vide Settlement Deed dated 30.05.2024 and have obtained decree of divorce, by way of mutual consent.

5.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 them vide Settlement Deed dated 30.05.2024. Respondent no. 2 further states she has no objection if the present FIR is quashed.

6.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.

7.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.

8.Accordingly, FIR bearing no. 392/2022, registered at Police Station Tilak Nagar, Delhi, for commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. Tilak Nagar, Delhi, for commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

9.In view of above, the present petition stands disposed of. 10.The order be uploaded on the website forthwith. 10.The order be uploaded on the website forthwith.

OCTOBER 13, 2025/A

DR. SWARANA KANTA SHARMA, J