IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
Ashish Dagar – Appellant
Versus
State Of NCT Of Delhi – Respondent
W.P.(CRL) 1125/2026 | CRL.M.A. 10628/2026
| Table of Content |
|---|
| 1. procedural compliance regarding applications for interim relief. (Para 1 , 2) |
| 2. assessment of factual matrix and voluntary nature of settlement in matrimonial criminal cases. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. judicial discretion for quashing fir based on reconciliation and interest of justice. (Para 9 , 10 , 11 , 12 , 13) |
O R D E R
CRL.M.A. 10628/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 1125/2026
3. By way of the present petition, the petitioners seek quashing of the FIR bearing No. 133/2021, registered at Police Station Jaffarpur Kalan, Delhi, for the commission of offence punishable under Sections 354/506/509/323/34 of the Indian Penal Code, 1860 (hereafter ‘IPC’) and all consequent proceedings emanating therefrom.
4. Issue notice. The learned ASC accepts notice on behalf of the State.
5. All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned from Police Station Jaffarpur Kalan, Delhi.
6. Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized on 11.12.2019, in accordance with Hindu rites and ceremonies. It is stated that one female child was born out of the said wedlock on 26.09.2020. It is stated that due to temperamental differences which had arisen between the petitioners and the respondent no. 2, they started living separately since 17.05.2021. Further, upon a complaint filed by respondent no. 2, the present FIR was registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide a Mediation Settlement Deed dated 25.10.2025.
7. This Court notes that the custody of minor child is with respondent no. 2 and the future rights of the child will not be affected by virtue of this settlement.
8. On a 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. She further states that she has received an amount of ₹2,00,000/- by way of a Demand Draft, which she was to receive as per settlement. Therefore, she has no objection if the present FIR is quashed.
9. Although, 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 not been filed by the learned counsel for the petitioners, however, the parties will remain bound by it.
10. In view of the above, that the parties have amicably resolved their differences out 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. 133/2021, registered at Police Station Jaffarpur Kalan, Delhi, for the commission of offence punishable under Sections 354/506/509/323/34 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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.