Disposed¶26

Mohit Ahuja & Ors. v. State Govt of NCT of Delhi & Anr.

Quashing of FIR – matrimonial cruelty case

Delhi HC7 May 2025CRL.M.C./2863/2025

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Case brief

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What is this about?

Delhi High Court, CRL.M.C. 2863/2025, Dr. Swarana Kanta Sharma, J., decided 07.05.2025 — quashing of FIR No. 76/2017 (P.S. CAW Cell, Nanakpura, Delhi) under Sections 498A/406/34 IPC following Settlement Agreement dated 17.12.2024, divorce by mutual consent, and respondent wife's no-objection; claims to dowry articles, stridhan, jewellery and permanent alimony settled; settlement-based quashing of matrimonial/cruelty FIR; petition disposed of.

What did the court decide?

Quashing of FIR bearing No. 76/2017, registered at Police Station CAW Cell, Nanakpura, Delhi, for offences punishable under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom; petition disposed of. ¶26

Mohit Ahuja & Ors. Vs State Govt of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 76/2017 registered at Police Station CAW Cell, Nanakpura, Delhi, for offences under Sections 498A/406/34 IPC, and the proceedings pursuant thereto, ought to be quashed in view of the amicable settlement and mutual-consent divorce between the parties.

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Ratio / Principle

The parties having amicably resolved their differences of their own free will and without any coercion, no useful purpose would be served by continuing the proceedings; continuance would only create further acrimony.

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Key takeaways

It would be in the interest of justice to quash the FIR and the proceedings pursuant thereto.ratio¶22
There is no legal impediment in quashing the FIR in question.ratio¶25
The Court quashed FIR bearing No. 76/2017 registered at Police Station CAW Cell, Nanakpura, Delhi, under Sections 498A/406/34 IPC, together with all consequential proceedings emanating therefrom.ratio

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial cruelty case — amicable settlement and mutual-consent divorce. Petitioners (husband and family members) sought quashing of FIR No. 76/2017, P.S. CAW Cell, Nanakpura, Delhi, under Sections 498A/406/34 IPC. Marriage of petitioner no. 1 with respondent no. 2 (solemnized 10.12.2013) had broken down; the parties resided separately since 27.08.2016, settled all their disputes vide Settlement Agreement dated 17.12.2024, and dissolved the marriage by mutual consent. Respondent no. 2, identified by the IO, categorically affirmed settlement of all claims — dowry articles, stridhan, marriage expenses, jewellery, gift items, and past, present and future maintenance and permanent alimony — and raised no objection to quashing; the parties' statements stood recorded by the learned Joint Registrar (Judicial) on 02.05.2025. Holding that the settlement was of the parties' own free will without coercion, that continuance would serve no useful purpose and would create further acrimony, and that there was no legal impediment, the Court quashed the FIR and all consequential proceedings and disposed of the petition.

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$~96

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2863/2025 & CRL.M.A. 12787/2025

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MOHIT AHUJA & ORS. .....Petitioners

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Through: Ms. Anita Burman, Mr. Karan Burman and Mr. Varun Seth, Advocates alongwith petitioners in person

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versus

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STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rajkumar, APP for the State with SI Vijay Pal Singh, P.S.CAW Cell Nanakpura Mr. Vishal Chaudhary and Ms. Supriya Chaudhary, Advocates for R- 2 alongwith R-2 in person (through VC)

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CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 07.05.2025

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CRL.M.A. 12788/2025 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 2863/2025

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By way of the instant petition, the petitioners seek quashing of the FIR bearing No. 76/2017, registered at Police Station CAW Cell, Nanakpura, Delhi, for the commission of offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter ‘ IPC ').

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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 15/05/2025 at 12:31:46

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Issue notice. Mr. Rajkumar, the learned APP accepts notice on behalf of the State.

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All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station CAW Cell, Nanakpura, Delhi.

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Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized at New Delhi on 10.12.2013, according to Hindu rites and ceremonies. No child was born out of the said wedlock. It is stated that due to temperamental differences between the parties, both petitioner no. 1 and respondent no. 2 started residing separately since 27.08.2016. Thereafter, both the parties had agreed to settle all their disputes vide Settlement Agreement dated 17.12.2024 and had dissolved their marriage by way of mutual consent.

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On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. Therefore, she has no objection if the FIR is quashed. The statement of the parties to the said effect had been recorded by the learned Joint Registrar (Judicial) on 02.05.2025.

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In view of the above, that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

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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 15/05/2025 at 12:31:46

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There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 76/2017, registered at Police Station CAW Cell, Nanakpura, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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In view of the above, the present petition stands disposed of.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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MAY 07, 2025/ns

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Click here to check corrigendum, if any

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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 15/05/2025 at 12:31:46

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This is a digitally signed order.

Mohit Ahuja & Ors. v. State Govt of NCT of Delhi & Anr.

Case brief

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Mohit Ahuja & Ors. v. State Govt of NCT of Delhi & Anr.

Case brief

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