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2026 DAILYLAW 958 (DEL)

ISHANT ROBERT & ORS. v. THE STATE THROUGH SHO & ANR.

CRL.M.C./2452/2026 · 2026-04-02

Swarana Kanta Sharma

body2026

Judgment text

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$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2452/2026 ISHANT ROBERT & ORS. .....Petitioners Through: Mr. Amarnath Jha, Advocate alongwith petitioners in person versus THE STATE THROUGH SHO & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Rajender Singh, P.S. Kotla Mubarakpur with ASI Shiv Dutt, Traffic Mr. Jeewan Chandra and Mr. Arun Kumar Kweera, Advocates for R-2 alongwith R-2 in person CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 02.04.2026 1. By way of the present petition, the petitioners seek quashing of the FIR bearing No. 45/2022, registered at Police Station Kotla Mubarakpur, New Delhi, for the commission of offence punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereafter ‘IPC') and proceedings emanating therefrom. 2. Issue notice. The learned APP accepts notice on behalf of the State. 3. 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 Kotla Mubarakpur, New Delhi. 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 08/04/2026 at 11:48:06 4. Brief facts of the case are that the marriage between petitioner no. 1 and the respondent no. 2 was solemnized on 10.01.2020 in accordance with Indian Christian Marriage Act, 1872 at Christ the King Church, Sewa Nagar, Lodhi Colony, New Delhi. It is stated that no child was born out of the said wedlock. It is stated that due to temperamental differences which had arisen between the parties, both the parties started residing separately since 07.10.2020. It is stated that on the complaint of respondent no. 2 to the DCP, CAW Cell, Nanakpura, New Delhi, the present FIR was registered against the petitioners. After investigation, the chargesheet was filed before the concerned Court. During pendency of the trial, with the intervention of parents and relatives, parties have amicably settled their disputes before the Mediation Centre, Saket Courts, New Delhi on 07.06.2023 and both the parties had decided to dissolve their marriage by way of mutual consent and that they had obtained decree of divorce from the concerned Court. 5. 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. Therefore, she has no objection if the present FIR is quashed. 6. 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. 7. Accordingly, FIR bearing No. 45/2022, registered at Police Station Kotla Mubarakpur, New Delhi, for the commission of offence punishable 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 08/04/2026 at 11:48:06 under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 8. In view of above, the present petition stands disposed of 9. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 02, 2026/ns/AP 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 08/04/2026 at 11:48:06