IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
Rajesh – Appellant
Versus
State NCT Of Delhi – Respondent
CRL.M.C. 2330/2026 | CRL.M.A. 9481/2026
| Table of Content |
|---|
| 1. procedural disposal of interlocutory applications. (Para 1 , 2) |
| 2. basis of settlement for matrimonial criminal disputes. (Para 3 , 4 , 5 , 6 , 7) |
| 3. inherent power to quash proceedings upon voluntary settlement. (Para 8 , 9 , 10 , 11 , 12 , 13) |
O R D E R
CRL.M.A. 9481/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 2330/2026
3. By way of the present writ petition, the petitioner seeks quashing of FIR bearing no. 547/2021, dated 20.12.2021, registered at Police Station Dwarka Sector-23, Delhi, for the commission of offence punishable under Sections 498A /406/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) and the proceedings emanating therefrom.
4. The petitioner and respondent no. 2 are present before this Court and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Dwarka Sector-23, Delhi.
5. Brief facts of the present case are that the marriage between the petitioner and respondent no. 2 was solemnized on 10.07.2019, as per Hindu rites and customs at Delhi. It is stated that one female child was born out of the said wedlock on 22.02.2021, who is presently in the custody of respondent no. 2. Due to temperamental differences, parties have been residing separately since 10.04.2021. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioner.
6. During pendency of the case, both the parties had amicably settled their disputes before the Counselling Cell, Family Courts, Delhi vide Settlement Deed dated 15.04.2024. The complainant is present in person alongwith her counsel and states that she has received the balance compromise amount of Rs. 7,00,000/-, by way of Demand Draft bearing No. 505644, dated 15.04.2026, drawn on ICICI Bank.
7. This Court notes that the custody of minor children is with respondent no. 2 and the future rights of the child will not be affected by virtue of this compromise.
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. Respondent no. 2 further states she has no objection if the present FIR is quashed.
9. The learned counsel for the petitioner 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. 547/2021, dated 20.12.2021, registered at Police Station Dwarka Sector-23, Delhi, for the commission of offence 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.
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