Ashish Dagar & Ors. v. State of NCT of Delhi & Anr.

Delhi HC8 Apr 2026W.P.(CRL)/1125/2026

Case brief

AI extract

What is this about?

Quashing of FIR on amicable matrimonial settlement; FIR No. 133/2021, P.S. Jaffarpur Kalan, Delhi; Sections 354/506/509/323/34 IPC; Mediation Settlement Deed dated 25.10.2025; free-will compromise confirmed in Court by respondent no. 2; ₹2,00,000/- received by Demand Draft; custody of minor child with respondent no. 2, future rights unaffected; Ganesh vs. Sudhirkumar Shrivastava (2020) 20 SCC 787 referred; parties bound despite non-filing of affidavits; Delhi High Court; Dr. Swarana Kanta Sharma, J.; W.P.(CRL) 1125/2026; CRL.M.A. 10628/2026 exemption allowed.

What did the court decide?

Quashing of FIR No. 133/2021 registered at Police Station Jaffarpur Kalan, Delhi, for offences under Sections 354/506/509/323/34 IPC, and all consequential proceedings emanating therefrom; petition disposed of. ¶¶29

Ashish Dagar & Ors. Vs State of NCT of Delhi & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 133/2021 registered at Police Station Jaffarpur Kalan, Delhi, for offences punishable under Sections 354/506/509/323/34 IPC, and all consequent proceedings emanating therefrom, should be quashed in view of the amicable settlement between the parties.

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Court's answer

Since the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose would be served by continuing the proceedings, which would instead create further acrimony; it is in the interest of justice to quash the FIR and the proceedings pursuant thereto, and there is no legal impediment in quashing the FIR.

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Key takeaways

The Court noted that the custody of the minor child is with respondent no. 2 and the future rights of the child will not be affected by virtue of the settlement.obiter¶¶22
Although the affidavits showing protection of the interest of the minor child, as required per Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787, were not filed by counsel for the petitioners, the parties will remain bound by it.obiter¶¶27

Detailed headnote1 paragraphs

Delhi High Court (W.P.(CRL) 1125/2026, order dated 08.04.2026, Dr. Swarana Kanta Sharma, J.) disposed of a petition seeking quashing of FIR No. 133/2021, P.S. Jaffarpur Kalan, Delhi, registered on a complaint by respondent no. 2 against the petitioners for offences punishable under Sections 354/506/509/323/34 IPC. Petitioner no. 1 and respondent no. 2 were married on 11.12.2019; a female child was born on 26.09.2020; they lived separately since 17.05.2021 owing to temperamental differences. Following a Mediation Settlement Deed dated 25.10.2025, and after respondent no. 2, identified by the IO, categorically told the Court that she had compromised out of her own free will without pressure, coercion or threat and had received ₹2,00,000/- by Demand Draft as per the settlement, the Court held that continuing the proceedings would serve no useful purpose and would create further acrimony; finding no legal impediment, it quashed the FIR and all consequential proceedings. The Court noted that custody of the minor child remains with respondent no. 2 and her future rights are unaffected by the settlement; although affidavits protecting the minor child's interest as per Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 were not filed, the parties will remain bound by it. Exemption application CRL.M.A. 10628/2026 was allowed subject to all just exceptions.

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$~68

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1125/2026

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ASHISH DAGAR & ORS. .....Petitioners

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Through: Mr. Anurag Singh, Mr. Anand Kataria, Ms. Manali Mishra and Mr. Vidya Sagar, Advocates along with petitioners-in-person.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents

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Through: Mr. Anand V. Khatri, ASC for the State with Mr. Adietya Khatri, Advocate and with SI Ashish, P.S. JP Kalan.

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Mr. Ashish Khatri, Advocate for R-2 along with R-2.

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CORAM:

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HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 08.04.2026

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CRL.M.A. 10628/2026 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(CRL) 1125/2026

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By way of the present petition, the petitioners seek quashing of the FIR bearing No. 133/2021, registered at Police Station Jaffarpur Kalan, Delhi, for the commission of offence punishable under Sections 354/506/509/323/34 of the Indian Penal Code, 1860 (hereafter ‘ IPC ') and all consequent proceedings emanating therefrom.

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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 15/04/2026 at 12:43:51

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Issue notice. The learned ASC accepts notice on behalf of the State.

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All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned from Police Station Jaffarpur Kalan, Delhi.

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Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized on 11.12.2019, in accordance with Hindu rites and ceremonies. It is stated that one female child was born out of the said wedlock on 26.09.2020. It is stated that due to temperamental differences which had arisen between the petitioners and the respondent no. 2, they started living separately since 17.05.2021. Further, upon a complaint filed by respondent no. 2, the present FIR was registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide a Mediation Settlement Deed dated 25.10.2025.

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This Court notes that the custody of minor child is with respondent no. 2 and the future rights of the child will not be affected by virtue of this settlement.

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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 entered into compromise out of her own free will and without any pressure, coercion or threat. She further states that she has received an amount of ₹2,00,000/- by way of a Demand Draft, which she was to receive as per settlement. Therefore, she has no objection if the present FIR is quashed.

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Although, the affidavits showing the protection of interest of minor child, as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava : (2020) 20 SCC 787 passed by the Hon’ble Supreme Court, have not been

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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 15/04/2026 at 12:43:51

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filed by the learned counsel for the petitioners, however, the parties will remain bound by it.

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In view of the above, that the parties have amicably resolved their differences out 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. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 133/2021, registered at Police Station Jaffarpur Kalan, Delhi, for the commission of offence punishable under Sections 354/506/509/323/34 of IPC, and all consequential proceedings emanating therefrom are quashed.

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In view of 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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APRIL 08, 2026/zp/r

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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 15/04/2026 at 12:43:51

Ashish Dagar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Ashish Dagar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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