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Deep Sharma & Anr. vs. State NCT of Delhi & Anr.

Criminal Miscellaneous Case · CNR No. DLHC010444242026Decided 18 Sept 2026New Delhi Bench
CRL.M.C. 6918/2026CNR: DLHC010444242026
Justice Girish Kathpalia

Background

The petitioners sought quashing of FIR No. 268/2021 (PS Mohan Garden) registered under Section 498A/406/34 IPC (cruelty and criminal breach of trust in a matrimonial context), on the basis that the complainant (respondent no. 2, the petitioner's wife) had settled the dispute with them.

Decision Breakdown

At the hearing, the petitioners' counsel informed the Court that the couple had not yet decided what to do about their marriage (whether to divorce or resume living together) and sought to withdraw the petition with liberty to file it again once that was resolved. The Court granted this request, dismissing the petition as withdrawn but expressly preserving the petitioners' right to bring a fresh quashing petition later.

Lesson Learnt

A settlement between spouses in a criminal case is not always enough to finalize quashing immediately. Where the marital relationship itself remains unresolved, courts may allow parties to withdraw and refile the quashing plea once their personal situation is clearer, rather than deciding it prematurely.

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