[Cites 3, Cited by 0]
Delhi High Court
Shiva & Ors vs The State (Nct Of Delhi) & Anr on 1 April, 2026
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 1st April, 2026
+ CRL.M.C. 2430/2026 & CRL.M.A. 9883/2026
SHIVA & ORS. .....Petitioner
Through: Mr. Hans Sharma and Mr. Arpit
Verma, Advocate with petitioners in
person.
versus
THE STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Raj Kumar, APP for the State with
SI Dipika, PS Adarsh Nagar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 62/2022 dated 12.01.2022,
registered at Police Station Adarsh Nagar for commission of offences under
Sections 498A/406/34 IPC, along with all consequential proceedings arising
therefrom, on the basis of compromise arrived at between the parties.
2. The marriage between complainant (respondent No.2 herein) and
petitioner No.1 was solemnized on 11.11.2016, as per Hindu rites and
customs. They were blessed with two daughters from the abovesaid wedlock.
3. However, on account of temperamental differences, the parties started
residing separately and when a complaint was lodged by respondent No.2, it
resulted into registration of the abovesaid FIR.
4. Charge-sheet has already been filed but charges are yet not ascertained.
5. With the intervention of common friends and relatives, parties have
entered into a comprehensive Memorandum of Understanding (MoU) dated
18.03.2025 and have been able to resolve all their disputes and have decided
to part ways, gracefully. The custody of the elder daughter would remain with
the father and younger daughter would remain with the mother, with monthly
visitation rights as per the terms of the MoU.
6. It is in the abovesaid backdrop that quashing is being sought.
7. Respondent no. 2 is present in person along with her father and she has
been duly identified by Investigating Officer, who is present in Court.
8. When asked, respondent No. 2 reiterates the terms of abovesaid
settlement. She also submits that there is already a divorce between them by
way of mutual consent on 30.08.2025. She states that she has agreed to
accept a total sum of Rs. 4,50,000/- as full and final settlement in lieu of
istridhan, alimony, maintenance for self (past, present and future). She
submits that she has already received the abovesaid amount as well as her
istridhan articles as described in mediation proceedings. She states that she
has entered into the abovesaid settlement out of her own free will, without any
coercion and influence from any corner whatsoever and therefore, she would
have 'no objection' if FIR in question is quashed.
9. The next date before the learned Trial Court is stated to be 27.04.2026.
10. In view of the settlement arrived at between the parties, continuing with
criminal proceedings would serve no useful purpose, especially, when dispute
does not involve any public interest and is, primarily, private in nature. In any
case, even the complainant does not wish to press any charges against the
petitioners.
11. Accordingly, exercising inherent powers vested in this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed
appropriate to quash the instant FIR.
12. Consequently, to secure the ends of justice, FIR No. 62/2022 dated
12.01.2022, registered at Police Station Adarsh Nagar for commission of
offences under Sections 498A/406/34 IPC, along with all consequential
proceedings arising therefrom, is, hereby, quashed subject to petitioners
depositing total cost of Rs. 15,000 with Rohini Court Bar Association within
four weeks from today. Proof of deposit of cost along with original affidavits
and MoU of the parties, copies of which have been placed on record in the
present proceedings, shall be submitted before the learned Trial Court on the
next date of hearing, so that these become part of Trial Court Record.
13. The petition stands disposed of in aforesaid terms.
14. Pending applications also stand disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
APRIL 01, 2026
st/pb
