Full Judgment
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 310/2026 PAWAN KUMAR & ORS. .....Petitioners Through: Petitioners with their counsel
versus
THE STATE GOVERMENT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC for State with Mr Sangeet Sibou, Mr Aniket Kumar Singh and Mr Priyansh Raj Singh Senger, Advs. R-2 with her counsel Mr Amit Kumar and Mr Shashikant Sharma, Advs.
CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA ORDER % 11.03.2026 CRL.M.A. 7186/2026 1. By way of the present application, the petitioners are seeking recall of the order dated 29.01.2026, vide which the present writ petition was dismissed for non-prosecution. 2. For the reasons mentioned in the application, the order dated 29.01.2026 is recalled and the writ petition is restored to its original number. 3. Application stands disposed of. W.P.(CRL) 310/2026 & CRL.M.A. 2962/2026 4. By way of the present writ petition, the petitioners seek quashing of FIR bearing no. 366/2024, dated 21.10.2024, registered at Police Station
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 16/03/2026 at 16:53:22 Budh Vihar, North West District, Delhi, for the commission of offence punishable under Sections 498A/406/506/354/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) and the proceedings emanating therefrom.
5. The petitioners and respondent no. 2 are present before this Court and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Budh Vihar, North West District, Delhi.
6. Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 28.04.2017, as per Hindu rites and customs. It is stated that one male child was born out of the said wedlock on 31.10.2020, who is presently in the custody of petitioner no.
1. Due to temperamental differences, parties have been residing separately since December, 2022. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioners.
7. During pendency of the case, both the parties had amicably settled their disputes before the learned Family Courts, North/West, Rohini, Delhi vide Settlement Deed dated 09.05.2025. The complainant is present in person alongwith her counsel and states that she has received the balance compromise amount of Rs. 1,50,000/-, by way of Demand Draft bearing No. 8450052, dated 02.02.2026, drawn on Union Bank
8. This Court notes that the custody of minor children is with petitioner no. 1 and the future rights of the child will not be affected by virtue of this compromise.
9. 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. She further states that as per the terms of the settlement, she doe snot
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 16/03/2026 at 16:53:22 have any visitation rights. Respondent no. 2 further states she has no objection if the present FIR is quashed. 10. The learned counsel for the petitioners submits that the affidavits showing the protection of interest of minor child, as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon’ble Supreme Court, have been filed and the same are on record. 11. In view of the above fact that the parties have amicably resolved their differences 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. 12. Accordingly, FIR bearing no. 366/2024, dated 21.10.2024, registered at Police Station Budh Vihar, North West District, Delhi, for the commission of offence punishable under Sections 498A/406/506/354/34 of IPC and all consequential proceedings emanating therefrom are quashed. 13. In view of above, the present writ petition stands disposed of. Pending application, if any, also stands disposed of. 14. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J MARCH 11, 2026/A/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 16/03/2026 at 16:53:22