Anuradha Sharma & Ors. Vs State (Govt. of NCT of… — Matrimonial and Divorce | Delhi HC (2025)

Anuradha Sharma & Ors. Vs State (Govt. of NCT of… — Matrimonial and Divorce | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No.0237/2022 under Sections 323/341/34 IPC registered at Police Station Krishna Nagar, Delhi, and all consequential proceedings emanating therefrom; petition disposed of accordingly.

Issue for consideration

Whether FIR No.0237/2022 under Sections 323/341/34 IPC registered at Police Station Krishna Nagar, Delhi, and the consequential proceedings emanating therefrom, ought to be quashed in terms of the Settlement dated 24.03.2023 between the parties.

Court's answer

Considering the nature of the allegations and that the parties have settled the matter, FIR No.0237/2022 under Sections 323/341/34 IPC registered at Police Station Krishna Nagar, Delhi, and the consequential proceedings emanating therefrom, are quashed.

Ratio / Principle

The quashing is clarified to be without prejudice to the rights and entitlement of both the children of the parties.

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — settlement — Delhi High Court (Neena Bansal Krishna, J.) disposed of a petition under Section 528 BNSS and quashed FIR No.0237/2022 under Sections 323/341/34 IPC registered at Police Station Krishna Nagar, Delhi, along with consequential proceedings. The dispute arose out of a matrimonial discord between petitioner-husband and respondent-wife (married 07.12.1991, separated since 2016). The parties had amicably settled their disputes by Settlement dated 24.03.2023 before the Delhi Mediation Centre, Karkardooma Courts, providing for dissolution of marriage by mutual consent under Sections 13-B(1) and 13-B(2) of the Hindu Marriage Act, 1955, and payment of Rs.10,00,000/- in two instalments of Rs.5,00,000/- each towards maintenance, istridhan and alimony. Respondent No.2, present in Court, stated she had received all amounts due and had no objection to quashing; the marriage stood dissolved by mutual consent on 30.01.2025; the parties, identified in Court, were found to have entered the settlement voluntarily and undertook to remain bound by it. Quashing was expressly clarified to be without prejudice to the rights and entitlement of both the children.

$~69

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 7721/2025 ANURADHA SHARMA & ORS. .....Petitioners

Through: Ms. Shubhangda Singh and Mr. Vipul Talwar, Advocates with Petitioners.

versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State. Counsel for Respondent No. 2 (appearance not given) with Respondent No. 2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 03.11.2025

CRL.M.A. 32287/2025 (Exemption)

Exemption allowed, subject to all just exceptions.

The Application stands disposed of.

CRL.M.C. 7721/2025

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioners, for quashing of FIR No.0237/2022 under Section 323/341/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station Krishna Nagar, Delhi and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 24.03.2023.

Issue Notice.

On advance Notice, learned APP has appeared and accepted the Notice on behalf of the State.

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 07/11/2025 at 11:55:54

Brief facts of the case are that the marriage was solemnized between Petitioner No.1/husband and the Respondent No. 2/wife on 07.12.1991, according to the Hindu rites and ceremonies and two children were born out of the said wedlock. Owing to the temperamental differences between the Petitioner No. 1 and the Respondent No. 2, they have been living separately since 2016.

On the Complaint of the Respondent No.2/Complainant, FIR No.0237/2022 under Section 323/341/34 of IPC, got registered at Police Station Krishna Nagar, Delhi.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No.1. It is stated that the Petitioner No.1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 24.03.2023, before the Delhi Mediation Centre, Karkardooma Courts, Delhi. In the Settlement, 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 under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.10,00,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in two instalments, by way of cash/demand drafts/RTGS/NEFT. It is also stated that the Petitioner No.1 shall pay first instalment of Rs.5,00,000/- to Respondent No. 2/wife, at the time of recording of Statements of both the parties under Section 13-B (1) of the Hindu Marriage Act, 1955 and the second instalment of Rs.5,00,000/- shall be paid by the Petitioner No.1, to

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 07/11/2025 at 11:55:54

the Respondent No. 2, at the time of recording of Statements under Section 13-B(2) of the Hindu Marriage Act, 1955. It is also settled between them that they shall not litigate in future against each other qua this marriage.

Today, the Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the said FIR is quashed. 10. It is also stated that on 30.01.2025, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law. 11. The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement. 12. Considering the nature of the allegations and that they have settled the matter, the FIR No.0237/2022 under Section 323/341/34 of IPC, registered at Police Station Krishna Nagar, Delhi and the consequential proceedings emanating therefrom are quashed. It is hereby clarified that the said Compromise is without prejudice to the rights and entitlement of both the children.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J

NOVEMBER 3, 2025/RS

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 07/11/2025 at 11:55:54