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2015 DAILYLAW 4829 (DEL)

ANIL GARG v. ARCHANA GUPTA & ANR

CRL.M.C./135/2015 · 2026-09-15

Madhu Jain

body2015

Judgment text

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$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010092222015 + CRL.M.C. 135/2015 & CRL.M.A. 638/2015, CRL.M.A. 13809/2024 ANIL GARG .....Petitioner Through: Dr. D.K. Sharma, Mr. D.C. Aggarwal and Mr. Kabir Hussain, Advs. with petitioner in person. versus ARCHANA GUPTA & ANR .....Respondents Through: Mr. Hemant Mehla, APP with Mr. Aditya Choudhary, Ms. Divyanshi, Advs. Mr. Abhishek Singh, Mr. J. Amal Anand, Mr. Elvin Joshy, Mr. K. V. Vibu Prasad, Mr. Akshat Mishra, Mr. Joel David, Advs. with Complainant in person W/SI Hema, PS Narina. ~2 # CNR No. DLHC016598762015 + CRL.REV.P. 833/2015 & CRL.M.A. 18707/2015 ANIL KUMAR GARG .....Petitioner Through: Dr. D.K. Sharma, Mr. D.C. Aggarwal and Mr. Kabir Hussain, Advs. with petitioner in person. versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Hemant Mehla, APP with Mr. Aditya Choudhary, Ms. Divyanshi, Advs. W/SI Hema, PS Narina. Mr. Abhishek Singh, Mr. J. Amal Anand, Mr. Elvin Joshy, Mr. K. V. Vibu Prasad, Mr. Akshat Mishra, Mr. 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 17/09/2026 at 11:26:15 Joel David, Advs. with Complainant in person CORAM: HON’BLE MS. JUSTICE MADHU JAIN O R D E R % 15.09.2026 1. This hearing has been done through hybrid mode. 2. By way of the present petitions, the petitioner seeks quashing of FIR No. 75/2013, registered at Police Station Naraina, New Delhi, for offences punishable under Sections 376/420/406/467/468/471/494/495/496 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), along with the charge-sheet, summoning order dated 02.01.2014 and all consequential proceedings emanating therefrom, on the basis of the settlement arrived at between the parties. 3. Issue notice. Learned APP accepts notice on behalf of the State. 4. Petitioner and Respondent No. 1/complainant are present before this Court and have been duly identified by their respective learned counsel and the Investigating Officer. 5. The brief facts of the case are that the aforesaid FIR was registered on the complaint of Respondent No. 1/complainant against the petitioner in respect of allegations arising out of the matrimonial and financial disputes between the parties. The FIR was registered on 24.03.2013 and the charge- sheet came to be filed, pursuant to which the petitioner was summoned vide order dated 02.01.2014. The petitioner thereafter preferred the present proceedings seeking quashing of the FIR and the consequential proceedings arising therefrom. 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 17/09/2026 at 11:26:15 6. During the pendency of the present proceedings, the parties amicably resolved all their disputes and differences and executed a Memorandum of Understanding dated 30.04.2024. In terms of the said settlement, the parties agreed to settle all their claims and disputes for a total settlement amount of Rs.60,00,000/- (Rupees Sixty Lakhs only), towards full and final settlement of all claims of Respondent No. 1 against the petitioner. 7. As per the terms of the settlement, an amount of Rs.30,00,000/- (Rupees Thirty Lakhs only) is to be paid by the petitioner to Respondent No. 1 by way of Demand Draft at the time of her making a statement before this Court for quashing of FIR No. 75/2013. The remaining amount of Rs.30,00,000/- (Rupees Thirty Lakhs only) is to be paid after the quashing of the FIRs and consequential proceedings pending before the competent Court in Uttar Pradesh, in terms of the settlement. 8. Learned counsel for the petitioner submits that, in terms of the aforesaid settlement, Demand Draft bearing No. 013940 for a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) has been handed over to Respondent No. 1 in Court today. It is submitted that the aforesaid payment is being made in terms of the settlement and subject to the settlement being acted upon by the parties. 9. Respondent No. 1, who has been duly identified by her counsel as well as the Investigating Officer, categorically states that she has entered into the settlement dated 30.04.2024 out of her own free will and volition and without any force, fraud, coercion, undue influence or pressure. She acknowledges receipt of the Demand Draft bearing No. 013940 for a sum of Rs.30,00,000/- and states that she has no objection to the quashing of FIR No. 75/2013 and the consequential proceedings arising therefrom. She further states that she 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 17/09/2026 at 11:26:15 has no objection to the disposal/quashing of the complaint proceedings arising out of the disputes between the parties, in terms of the settlement. 10. Learned counsel for the petitioner submits that, in terms of the settlement, Respondent No. 1 has also undertaken to withdraw the complaint case titled Archana Gupta v. Anil Kumar Garg pending before the District Consumer Forum, Ghaziabad, and to take necessary steps before the competent Courts for quashing of the other FIRs and proceedings referred to in the Memorandum of Understanding. 11. Respondent No. 1 further states that, subject to the terms and conditions of the Memorandum of Understanding dated 30.04.2024, she shall take necessary steps before the concerned Courts and authorities for withdrawal/quashing of the other proceedings mentioned therein. The parties undertake to abide by the terms and conditions of the Memorandum of Understanding in letter and spirit. 12. Learned APP for the State submits that the allegations in the FIR include serious and heinous offences. 13. Having regard to the fact that the dispute between the parties is of a private nature and arises out of matrimonial and financial differences, and that the parties have voluntarily settled all their disputes, Respondent No. 1 has no objection to the quashing of the FIR and the petitioner has handed over the Demand Draft of Rs.30,00,000/- in terms of the settlement, no useful purpose would be served by continuing the criminal proceedings between the parties. 14. In view of the aforesaid settlement and the statements made by Respondent No. 1, no useful purpose would be served by permitting the criminal proceedings arising out of FIR No. 75/2013 to continue. Rather, continuation thereof would only perpetuate the disputes between the parties 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 17/09/2026 at 11:26:15 and defeat the settlement arrived at between them. Accordingly, the FIR and the consequential proceedings are liable to be quashed in the interest of justice. 15. Accordingly, FIR No. 75/2013, registered at Police Station Naraina, New Delhi, for offences punishable under Sections 376/420/406/467/468/471/494/495/496 of the IPC, along with the charge- sheet, summoning order dated 02.01.2014 and all consequential proceedings emanating therefrom, are hereby quashed. 16. The parties shall remain bound by the terms and conditions of the Memorandum of Understanding dated 30.04.2024. It is clarified that the quashing of the aforesaid FIR is in terms of the settlement arrived at between the parties. 17. CRL.M.C. 135/2015 and CRL.REV.P. 833/2015 stand disposed of in the aforesaid terms. 18. Pending application(s), if any, also stand disposed of. Interim order, if any, stand vacated. 19. A copy of this order be sent to the learned Trial Court for necessary information and compliance. 20. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 15, 2026/ys/P 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 17/09/2026 at 11:26:15