High Court · 2025
Case Details
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2025 at 12:13:08 $~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 546/2025 VARUN SHARMA & ORS. .....Petitioner Through: Mr. Abhay Kumar, Mr. Utkarsh Srivastava, Mr. Shubham Mishra and Mr. Shagun Rohil, Advocates. versus STATE (NCT OF DELHI) AND ANR. .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP for the State with SI Vijay Pal Singh P.S. CWC, Nanakpura. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 20.05.2025 1. The present Petition under Section 528 of BNSS has been filed on behalf of the Petitioners for quashing of FIR No.55/2019 dated 31.12.2019 registered under Sections 498A read with Section 34 and 354A IPC at Police Station Crime (Women Cell), Nanakpura, Delhi and all subsequent proceedings including the Chargesheet. 2. Brief facts of the case are that the marriage was solemnized between Petitioner No.1 and Respondent No. 2 at Jaipur, Rajasthan according to Hindu rites and ceremonies. It is stated that thereafter Petitioner No.1 and Respondent No.2 started residing at the matrimonial house in Vasundhara This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2025 at 12:13:08 Enclave, Delhi. In April, 2017 Petitioner No.1 and Respondent No.2 shifted to a Flat in Galaxy Apartments, Grater Noida, purchased by Petitioner No.1. Thereafter, the Petitioner No.1 was thrown out of his own house by Respondent No.2 and her mother on 19.04.2019 and since they have been residing separately. 3. It is further submitted that on 31.12.2019, on the Complaint of Respondent No. 2, an FIR bearing No. 55/2019 Sections 498A read with Section 34 and 354A IPC at Police Station Crime (Women Cell), Nanakpura, Delhi. 4. It is stated that the Chargesheet dated 21.12.2020 was filed against Petitioner No.1 and rest of the Petitioners. Learned Judge Family Court, sent the parties for mediation at Mediation Centre, Karkardooma Courts, where both the parties entered into a Settlement dated 20.07.2024, and it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 21,00,000/- to the respondent No. 2/wife towards full and final amount of all the claims of the respondent No. 2/wife in three instalments. It is also stated that the petitioner No. 1 has already paid Rs.21,00,000 to respondent No. 2/wife in three instalments viz., Rs. 7,00,000/- was paid at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955 and another Rs.7,00,000/- was paid at the time of recording of statements in Second Motion Petition under Section 13(b)(2) of the Hindu Marriage Act, 1955. 5. It is further stated that the remaining third instalment of Rs.7,00,000/- has also been paid by the petitioner No. 1/husband before quashing of FIR. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2025 at 12:13:08 It was also agreed that Respondent No.2 shall handover peaceful possession and keys of Flat No.1520, Galaxy North Avenue, Gaur City-1, Greater Noida West. 6. It is also stated that on 12.12.2024, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law. 7. In view of the Compromise Deed dated 20.07.2024, the present petition has been filed. 8. The Petitioners and the Complainant through her counsel are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. 9. The third instalment of Rs.7,00,000/- has also been paid to the respondent No. 2/wife by the petitioner No. 1 as confirmed by learned counsel for the Complainant/Respondent No.2. 10. The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 20.07.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 11. The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 20.07.2024 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 12. Today, the learned counsel for the complainant/respondent No. 2/wife, who is present in Court, states that the Complainant has received all amounts due to her and has no objection if the FIR is quashed. 13. In view of the above facts that the parties have amicably resolved This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2025 at 12:13:08 their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 14. Moreover, there is no legal impediment in quashing the FIR in question. 15. Accordingly, FIR bearing No.55/2019 dated 31.12.2019 under Section 498A read with Section 34 and 354A IPC registered at Police Station Crime (Women Cell), Nanakpura, Delhi and all consequential proceedings emanating therefrom are quashed. 16. The petition stands disposed of. NEENA BANSAL KRISHNA, J MAY 20, 2025 va