Delhi High Court
Chirag Adlakha And Ors vs The State Nct Of Delhi And Anr on 15 July, 2025
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15.07.2025
+ W.P.(CRL) 2137/2025
CHIRAG ADLAKHA AND ORS
.....Petitioners
Through: Mr. Sanjeev Rawat, Adv.
versus
THE STATE NCT OF DELHI AND ANR
.....Respondents
Through: Mr. Sanjay Lao, Standing
Counsel (Crl.) for State with
Ms. Priyam Aggarwal, Mr.
Abhinav Arya and Mr. Aryan
Sachdeva, Advs. with SI
Yamini Vats, PS Patel Nagar.
Mr. Sanjeev Rawat, Adv. for R-
2.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
CRL.M.A. 19953/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 2137/2025
Signature Not Verified
Digitally Signed W.P.(CRL) 2137/2025 Page 1 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
3. The present petition has been filed, on behalf of the petitioners,
under Article 226 of the Constitution of India read with Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the
FIR bearing No. 0330/2021 dated 17.07.2021 for offences punishable
under Sections 498A/406/34 of the Indian Penal Code, 1860 registered
at Police Station Patel Nagar, New Delhi, (“subject FIR”) and all
consequential proceedings emanating therefrom.
4. The learned counsel for the petitioners submits that petitioner
no. 1 is the husband of the respondent no. 2 and their marriage was
solemnized on 31.01.2020, in accordance with the Hindu rites and
customs. He submits that due to the irreconcilable and temperamental
differences, the marriage of the petitioner no.1 and the respondent no.
2 has suffered an irretrievable breakdown and the parties have been
living separately since 22.03.2020.
5. The learned counsel submits that the incompatible behaviour,
conduct and temperament of the parties, coupled with raising demands
of dowry and increasing harassment, led to registration of the subject
FIR and filing of litigation by the respondent no. 2.
6. He further submits that during the pendency of litigation
between the parties, with the intervention and efforts of the relatives
and well wishers, the parties had voluntarily, peacefully and amicably
settled their disputes without any coercion, pressure, undue influence
force and that no further dispute subsists in relation thereto. Moreover,
the divorce by way of mutual consent has also taken place between the
Signature Not Verified
Digitally Signed W.P.(CRL) 2137/2025 Page 2 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
parties vide the divorce decree dated 11.12.2024 passed by the learned
Principal Judge, Family Courts, West, Tiz Hazari Courts, Delhi and no
appeal is stated to have been filed from the said divorce decree.
7. The present petition is premised on the aforesaid assertion that
the dispute inter se the parties stand amicably resolved, of their own
volition, uninfluenced by any coercion, compulsion or undue
inducement. In furtherance thereof, a Memorandum of
Understanding(MoU)/Settlement dated 24.04.2024 has been duly
executed between the petitioner no. 1 and the respondent No. 2. It is
further submitted that, in terms of the said Settlement, the respondent
No. 2 has undertaken to withdraw all proceedings presently pending
before various judicial fora.
8. As per the terms of Settlement, the petitioner no. 1 has agreed to
pay a sum of Rs. 5,00,000/- to the respondent no. 2, as a full and final
settlement of all her claims including maintenance (past, present and
future), permanent alimony, stridhan and all other miscellaneous
expenses. The said MoU dated 24.04.2024 outlining the terms of
settlement has been placed on record.
9. Pursuant to the said settlement, the parties appeared before this
Court, wherein, the Investigating Officer has duly identified the
parties and they have confirmed that they are abiding by all the terms
of the Settlement.
10. The complainant/respondent no. 2, who is present-in-person
before this Court, upon being queried, confirms that the MoU dated
Signature Not Verified
Digitally Signed W.P.(CRL) 2137/2025 Page 3 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
24.04.2024 has been entered into between the parties and that in full
and final settlement of all her claims including maintenance (past,
present and future), stridhan, dowry, articles, jewellery, permanent
alimony etc., she has received the entire settlement amount of Rs.
5,00,000/- from the petitioner no. 1. The respondent no. 2 also
confirms that the marriage has been dissolved vide the decree dated
11.12.2024 and that no litigation stand pending between the parties.
Furthermore, she has no objection if the subject FIR and all
consequential proceedings arising therefrom are quashed.
11. In view of the foregoing, the learned counsels of the parties,
jointly prayed, for quashing of the subject FIR.
12. The learned APP, appearing on behalf of the State, submits that
there is no objection is the subject FIR and all consequential
proceedings arising therefrom are quashed.
13. In these circumstances, and having regard to the principles laid
down by the Supreme Court in Gian Singh vs. State of Punjab &
Anr.: (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of
Punjab & Anr.: (2014) 6 SCC 466, and in view of the fact that the
parties have amicably resolved their disputes voluntarily and without
any coercion, this Court is of the considered opinion that no useful
purpose would be served by continuing with the criminal proceedings.
On the contrary, such continuation is likely to foster further animosity
between the parties. Accordingly, in the interest of justice, the subject
FIR and all proceedings emanating therefrom deserve to be quashed.
Signature Not Verified
Digitally Signed W.P.(CRL) 2137/2025 Page 4 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12
14. In conspectus of the above facts and the MoU dated 24.04.2024,
the subject FIR bearing No. 0330/2021 dated 17.07.2021 for offences
punishable under Sections 498A/406/34 of the Indian Penal Code,
1860 registered at Police Station Patel Nagar, New Delhi, and all
consequential proceedings emanating therefrom, are hereby quashed.
15. The present petition along with pending application is,
accordingly, disposed of, in the aforesaid terms.
SHALINDER KAUR, J
JULY 15, 2025/SU/KP
Signature Not Verified
Digitally Signed W.P.(CRL) 2137/2025 Page 5 of 5
By:RASHIM KAPOOR
Signing Date:16.07.2025
18:55:12