Mr. P.S. Mahua, Mr. Bhuvneshwar Tyagi and Ms. Dolly, Advs v. STATE GOVT. OF NCT OF DELHI ORS

$~113 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8917/2023 ARCHANA SHARMA & ANR. .....Petitioners Through: Mr. P.S. Mahua, Mr. Bhuvneshwar Tyagi and Ms. Dolly, Advs. versus STATE GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Rajesh Kumar, PS. Vijay Vihar. Mr. Amit Kumar and Ms. Khushboo Sharma, Advs. for R-2 & 3. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 03.11.2025 1. The present petition has been filed seeking quashing of FIR No. 106/2020 under Sections 417/468/506/34 IPC registered at Police Station Vijay Vihar on the ground that the parties have arrived at a settlement. 2. The aforesaid FIR has been registered at the instance of respondent no.3, who is father of petitioner’s ex-husband. 3. The petitioner no.1 (former wife) and the respondent nos. 2 and 3, who are present in Court, have been identified by their respective counsel, as well as, by the Investigating Officer SI Rajesh Kumar, PS. Vijay Vihar. 4. The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 22.04.2015 according to Hindu Rites and Customs. From the said wedlock, one male child namely, 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 06/11/2025 at 11:32:24 Lohitaksh Gaur, aged about 6 yrs was born, who is presently in the care and custody of the petitioner no.1/mother. 5. On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 04.09.2016. The dispute between the parties also led to the registration of present FIR. 6. Mr. P.S. Mahua, learned counsel for the petitioners submits that there is also a cross FIR being FIR no. 30/2017 under Sections 498A/406/34 IPC registered at Police Station Devpur, Dhule (Maharashtra) which has been registered at the instance of the petitioners herein. 7. He submits that the petition seeking quashing of the said FIR has been filed by the respondent nos. 2 and 3 and the same is listed before the Hon’ble High Court of Bombay, Bench at Aurangabad on 04.11.2025. 8. He submits that the parties arrived at settlement, terms whereof were reduced in the form of Settlement/Agreement dated 09.09.2022. 9. In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 22.05.2023, which is annexed as Annexure B to the present petition. 10. It is also a term of the settlement between the parties that the respondent no.2 shall pay a total sum of Rs. 12 lacs to the petitioner no.1 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 8 lacs has already been paid by the respondent no.2 to the petitioner no.1 in the manner as mentioned in the settlement. 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 06/11/2025 at 11:32:24

11. He further contends that the balance payment of Rs. 4 lacs is yet to be made by the respondent no.2 towards the full and final settlement of all the claims of the petitioner no.1 before the Aurangabad Bench of the High Court of Bombay. 12. Mr. Amit Kumar, learned counsel for the respondent nos. 2 and 3 informs the Court that an amount of Rs. 4 lacs has already been deposited by the respondent nos. 2 and 3 in the form of Demand Draft along with the petition filed by them, seeking quashing of aforesaid FIR No. 30/2017 under Sections 498A/406/34 IPC. 13. Mr. Mahua, learned counsel for the petitioners, on instructions submits that the petitioners shall be cooperating with the respondent nos. 2 and 3 for quashing of the said FIR. The petition is stated to be listed on 04.11.2025. 14. Mr. Kumar, on instructions from respondent nos. 2 and 3/complainant, who are present in Court, submits that the he has no objection in case the present FIR be quashed. 15. The respondent nos.2 and 3, on a query posed by the Court, states that they have no objection in case the FIR is quashed. 16. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 17. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 18. Consequently, the petition is allowed and the FIR No. 106/2020 under Sections 417/468/506/34 IPC registered at Police Station Vijay Vihar alongwith all other proceedings emanating therefrom, is quashed. 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 06/11/2025 at 11:32:24

19. The petition stands disposed of in the above terms. 20. Order be uploaded on the website of this Court. 21. As the FIR has been quashed, the petitioners shall be at liberty to apply to the learned Trial Court for the release of original documents which are stated to be lying in the file of the learned Trial Court. 22. Order dasti under the Signatures of the Court Master. VIKAS MAHAJAN, J NOVEMBER 3, 2025/dss