IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
Maninder Kumar – Appellant
Versus
State, NCT of Delhi – Respondent
CRL.M.C. 2934/2026
| Table of Content |
|---|
| 1. basis for filing a petition for quashing fir based on marital settlement. (Para 3 , 4 , 5 , 6) |
| 2. court's reasoning on the importance of settlement and protecting the interests of the children involved. (Para 7 , 8 , 9 , 10) |
| 3. final order quashing the criminal proceedings based on the settlement. (Para 11 , 12 , 13) |
O R D E R
% 20.04.2026
CRL.M.A. 11965/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 2934/2026
3. By way of the present petition, the petitioners seek quashing of the FIR bearing No. 495/2023, registered at Police Station Laxmi Nagar, District East, Delhi, for the commission of offence punishable under Sections 498A /406/34 of the Indian Penal Code, 1860 (hereafter ‘IPC') and all consequent proceedings emanating therefrom.
4. Issue notice. The learned APP 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 Laxmi Nagar, Delhi.
6. Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 03.05.2013 in accordance with Hindu rites and ceremonies. It is stated that two children were born out of the said wedlock, who are presently in the custody of respondent no. 2. It is stated that due to temperamental differences which had arisen between the petitioners and respondent no. 2, they started living separately since 10.09.2022. Further, upon a complaint filed by respondent no. 2, the present FIR was registered against the petitioners. However, it is stated that during pendency of the trial, the parties have now amicably settled their disputes before the Counselling Cell, Family Court, Dwarka Court, New Delhi, vide Settlement Agreement dated 01.08.2025 and an amount of Rs.2,50,000/-, by way of FDR, dated 07.11.2025, drawn on Punjab National Bank, has been handed over to respondent no. 2 in Court today.
7. This Court notes that the custody of both the children is with respondent no. 2 and the future rights of the children will not be affected by virtue of this settlement.
8. The learned counsel appearing on behalf of respondent no. 2 alongwith respondent no. 2, states that she has no objection, if the FIR is quashed, since she has received the entire amount which was due towards the settlement arrived at between the parties.
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. 495/2023, registered at Police Station Laxmi Nagar, District East, 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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