Allowed

Shailendra Sharma and Ors. v. the State NCT of Delhi and Anr.

Delhi HC14 May 2025W.P.(CRL)/1530/2025

Case brief

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What is this about?

High Court quashed an FIR under Sections 498A/406/34 IPC registered against petitioner and family members. The marriage dispute was settled amicably via an agreement in 2023, parties reconciled and resumed living together, and the wife expressed no objection to quashing.

What did the court decide?

FIR No. 0795/2022 and proceedings emanating therefrom are hereby quashed.

Shailendra Sharma and Ors. Vs the State NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2025)

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1530/2025

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SHAILENDRA SHARMA AND ORS .....Petitioners Through: Mr. Neeraj Sharma, Advocate

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr.Alok Sahrma, Advocate for the State alongwith ASI Basant Kr, P.S. Burari Mr. Vinay Kumar, Advocate for R-2 with R-2 in person

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 14.05.2025

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The present Petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the Petitioners seeking quashing of FIR No. 0795/2022, under Sections 498A/406/34 IPC, registered at Police Station Burari, Delhi.

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It is submitted that marriage of Petitioner No.1-husband with Respondent No.2-wife was solemnized on 02.05.2014 as per Hindu Rites and Customs and out of their wedding, two children, namely, Swastik and Myra were born. However, due to temperamental differences, the Petitioner No. 1 and the Respondent No.2 started living separately from 15.08.2019 and filed an FIR No. 0795/2022 against the Petitioner No. 1 and his family members on 16.10.2022, under Sections 498A/406/34 IPC, at Police Station

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This is a digitally signed order.

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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 02/07/2025 at 00:57:45

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Buari, Delhi.

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It is submitted that with the intervention of family members, relatives and well wishers, Petitioner No.1 and Respondent No.2 have resolved their disputes and arrived at an amicable settlement, terms whereof have been recorded in Settlement Agreement dated 25.01.2023.

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The parties had appeared before the Court of learned Joint Registrar on 07.05.2025 and their statements were recorded. The parties have stated that they have arrived at a settlement without any force, coercion and undue influence and pressure and they have signed the Settlement Agreement dated 25.01.2023 with their own wish and will. The Investigating Officer present before the Court also verified the identity of the parties.

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Learned Counsel for Petitioners submits that the parties have been happily living together for last one year and no grievance against each other survives and since Respondent No.2 has already made a statement before the Court that she does not want to pursue the proceedings in FIR No.0795/2022, the present Petition be allowed and FIR registered against the Petitioners be quashed.

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Respondent No.2 is present in person and she submits that she has no grievance against the Petitioners and also ‘no objection’ to the quashing of the said FIR. She affirms that she is happily living together with Petitioner No.1 for the last three years.

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In view of the fact that the FIR in question was premised upon a matrimonial dispute between Petitioner No.1 and Respondent No.2, which has been amicably resolved in term of Settlement Agreement dated 25.01.2023 and the fact that parties have been living together for last three years and also that Respondent No.2 has given ‘no objection’ to the

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This is a digitally signed order.

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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 02/07/2025 at 00:57:45

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quashing of FIR, no fruitful purpose would be served in continuing with the proceedings arising out of the FIR.

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Consequently, FIR No.0795/2022, under Sections 498A/406/34 IPC, registered at Police Station Burari, Delhi and proceedings emanating therefrom are hereby quashed.

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The present Petition and pending Application are accordingly disposed of.

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NEENA BANSAL KRISHNA, J

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MAY 14, 2025 N

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This is a digitally signed order.

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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 02/07/2025 at 00:57:45

Shailendra Sharma and Ors. v. the State NCT of Delhi and Anr.

Case brief

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What did the court decide?

Shailendra Sharma and Ors. v. the State NCT of Delhi and Anr.

Case brief

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