[Cites 3, Cited by 0]
Delhi High Court
Karan Gera & Anr vs State Through Sho Ps Shalimar Bagh & Anr on 24 March, 2026
$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24th March, 2026
+ CRL.M.C. 2170/2026 & CRL.M.A. 8960/2026
KARAN GERA & ANR.
.....Petitioner
Through: Mr. Sanjay Rathi, Advocate (through
V.C.) with Mr. Ashish Khatri, Mr.
Aakash Dahiya and Mr. Viraj,
Advocates.
Petitioners in person.
versus
STATE THROUGH SHO PS SHALIMAR BAGH & ANR.
.....Respondent
Through: Mr. Raj Kumar, APP for the State with
SI Dhiraj Singh.
Mr. Rohit Tyagi, Advocate for R-2
(through V.C.) along with respondent
(through V.C.).
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 676/2021 dated
06.08.2021, registered at Police Station Shalimar Bagh 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 24.11.2007, as per Hindu traditions, rites
and customs. They were blessed with a baby boy from the abovesaid wedlock
in the year 2012.
3. On account of matrimonial discord, a complaint was lodged by
respondent No.2, which resulted into registration of the abovesaid FIR.
4. Charge-sheet has yet not been filed.
5. Fortunately, parties have entered into amicable settlement and copy of
Memorandum of Settlement (MoU) dated 07.04.2025 has been placed on
record. As per terms of such settlement, parties have already withdrawn their
other respective cases, and have already obtained divorce by way of mutual
consent on 01.09.2025.
6. The custody of their son, shall remain with Mother-respondent No.2,
with no visitation rights to Father/petitioner no.1 or the family members of
respondent No.2, as per the terms of the MoU dated 07.04.2025.
7. Petitioner Nos. 1 and 2 are present in Court and respondent No.2 has
joined the proceedings through video conferencing. The Investigating Officer
(I.O.) is present and duly identifies respondent No.2.
8. During the course of consideration, when asked, Respondent No.2
reiterated the terms of settlement and stated that she has waived off her rights
with respect to her maintenance and alimony. She also reveals that all other
civil matters have already been withdrawn and the parties have already taken
divorce by way of mutual consent. She states that as per the terms of
abovesaid settlement, the custody of their son would remain with her, with no
visitation rights to petitioners. She submits that all the requisite steps have
been taken by the parties in terms of settlement and that she has entered into
the abovesaid settlement out of her own free will and without any coercion
and influence from any corner whatsoever and, therefore, she would have 'no
objection' if FIR in question is quashed. Her affidavit to abovesaid effect is
also on record.
9. Keeping in mind the overall facts of the case and the fact that parties
have settled their all disputes amicably and respondent no. 2 does not want to
pursue her complaint against petitioners herein, continuing with criminal
proceedings would serve no useful purpose. Moreover, the dispute does not
involve any public interest and is private in nature.
10. Accordingly, exercising inherent powers vested in this Court under
Section 528 of BharatiyaNagarik Suraksha Sanhita, 2023, it is deemed
appropriate to quash the instant FIR.
11. Consequently, to secure the ends of justice, FIR No. 676/2021 dated
06.08.2021, registered at Police Station Shalimar Bagh for commission of
offences under Sections 498A/406/34 IPC, along with all consequential
proceedings arising therefrom, is hereby quashed
12. Original MoU dated 07.04.2025 alongwith the original affidavits of the
parties, copies of which have been placed on record in the present
proceedings, shall be submitted before the concerned SHO/IO within two
weeks from today.
13. The petition stands disposed of in aforesaid terms.
14. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 24, 2026/ss/pb
