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2026 DAILYLAW 14128 (DEL)

OM PARKASH SHARMA @ BABLU & ANR. v. THE STATE THE STATE & ANR.

CRL.M.C./4839/2026 · 2026-08-06

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010297802026 + CRL.M.C. 4839/2026 OM PARKASH SHARMA @ BABLU & ANR. .....Petitioners Through: Mr. Aditya Bhargava, Adv. along with Petitioners in person. versus THE STATE THE STATE & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP with Ms. Kalpana Jha and Mr. Siddharth Shankar Jha, Advs. SI Deepanshu Choudhary. Mr. A.K. Chowdhary and Mr. Lakshay Manchanda, Advs. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.08.2026 1. This hearing has been done through hybrid mode. 2. This is a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') seeking quashing of FIR No.0104/2017 registered at Police Station Harsh Vihar, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the 'DP Act'), along with all consequential proceedings arising therefrom, on the basis of an 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 10/08/2026 at 11:18:03 amicable settlement arrived at between the parties. 3. Issue notice. Learned APP accepts notice on behalf of the State. 4. The Petitioners and Respondent No.2 are present before this Court and have been identified by the Investigating Officer (IO) concerned. 5. Briefly stated, the marriage between petitioner No.1 and respondent No.2 was solemnized on 14.07.2013 according to Hindu rites and ceremonies. One male child was born out of the wedlock. Owing to matrimonial disputes and temperamental differences, the parties started residing separately from 20.09.2015. Thereafter, the present FIR came to be registered at the instance of respondent No.2. During the pendency of the proceedings, the parties amicably resolved all their disputes vide a Settlement Agreement dated 24.07.2023 reached before the learned Counsellor, Family Court, Karkardooma Courts, Delhi. Pursuant thereto, the marriage between petitioner No.1 and respondent No.2 was dissolved by a decree of divorce by mutual consent dated 30.04.2024 passed by the learned Judge, Family Court- 02, Shahdara District, Karkardooma Courts, Delhi. 6. Learned counsel for the Petitioners submits that, in terms of the settlement arrived at between the parties, out of the total settled amount of Rs.15,50,000/- (Rupees Fifteen Lakhs Fifty Thousand only), a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) has already been paid to Respondent No.2. He further submits that the balance amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) has been handed over to Respondent No.2 today in Court by way of Demand Draft bearing No. 685839. It is further submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement. 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 10/08/2026 at 11:18:03 7. On a query made by this Court, Respondent No.2, who has been duly identified by the IO, categorically states that she has entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed. 8. In view of the fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved, the entire settlement amount has been paid, and Respondent No.2 has no objection to the quashing of the FIR, no useful purpose would be served in continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case. 9. Accordingly, FIR No.0104/2017 registered at Police Station Harsh Vihar, Delhi, for the offences punishable under Sections 498A/406/34 of the IPC and Section 4 of the DP Act, along with all consequential proceedings arising therefrom, is hereby quashed. 10. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 6, 2026/JYH 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 10/08/2026 at 11:18:03