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2050 DAILYLAW 2 (DEL)

DIWANSHU ASWAL & ORS. v. STATE NCT OF DELHI AND ANR

CRL.M.C./2050/2026 · 2026-03-19

Swarana Kanta Sharma

body2050

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2050/2026 DIWANSHU ASWAL & ORS. .....Petitioners Through: Petitioners with their counsel Mr Sandeep Mishra, Mr. Surbhit Nandan, Ms. Nandika Vyas and Mr. Ayush Vardham, Advs. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for the State. R-2 with her counsel Mr. Vikas Pahwa, Senior Advocate with Mrs. Preeti Pahwa, Mr. Anand Kumar, Mr. Aditya Giri, Mr. Jasmeet Chadha, Mr. Chetan Singh, Ms. Shreya Chauhan and Mr. Utkarsh, Advocates. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 19.03.2026 CRL.M.A. 8445/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. CRL.M.C. 2050/2026 3. By way of the present petition, the petitioners are seeking quashing of FIR bearing no. 99/2024, registered at Police Station Jahangir Puri, Delhi, for the commission of offence punishable under Sections 498A/406/34 of 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 27/03/2026 at 11:46:18 Indian Penal Code, 1860 (hereafter ‘IPC’). 4. The petitioners and respondent no. 2 are present before this Court in person and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Jahangir Puri, Delhi. 5. Briefly stated, facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 10.02.2020 as per the Hindu rites and customs. One male child was born from their wedlock. After some time, due to different lifestyles and temperamental differences, both the parties could not reside with each other and have started living separately from each other. Thereafter, on the complaint of respondent no.2, the present FIR was registered against the petitioners under the relevant sections. It is stated that both the parties have amicably settled the present matter and a no objection affidavit from respondent no. 2 regarding the quashing of the present FIR has been placed on record. It is stated that petitioner no. 1 and respondent no. 2 are living together. 6. On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties and the parties are living together. Respondent no. 2 further states that she has no objection if the present FIR is quashed. 7. In view of the above fact that the parties have amicably resolved their differences out of their own free will, without any coercion and 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 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 27/03/2026 at 11:46:18 to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8. Accordingly, FIR bearing No. 99/2024, registered at Police Station Jahangirpuri, Delhi, for the commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 9. In view of the above, the present petition stands disposed of. 10. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MARCH 19, 2026/A/R 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 27/03/2026 at 11:46:18