Ms.Sujata Ray, Advocate v. STATE GOVT. OF NCT OF DELHI AND ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 682/2025 HUKUM CHAND MEENA AND ORS. .....Petitioners Through: Ms.Sujata Ray, Advocate versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC (Criminal) Mr. Alok Sharma and Ms. Richa Tiwari, Advocates for State with WSI Menka, PS Chhawla Mr.Nitin Rana, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 29.05.2025 Crl.M.A. No. 6362/2025 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application is disposed of. W.P.(CRL) 682/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS') has been filed on behalf of the petitioners and Respondent No.2 seeking quashing of the case arising out of FIR bearing No. 506/2022, registered at Police Station Chhawla, for an offence punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all the proceedings emanating therefrom. 4. Mr. Yasir Rauf Ansari, learned ASC appearing on behalf of the State, 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 02/07/2025 at 01:05:08 accepts Notice on behalf of the State. 5. Brief facts of the case are that the marriage was solemnized between Petitioner No.1 and respondent No. 2 on 21.04.2021, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. 6. It is further submitted that on 17.11.2022, on the complaint of the Respondent No. 2, an FIR No. 506/2022 dated 17.11.2022 under Sections 498A/406/34 of the IPC, got registered at Police Station Chhawla. 7. It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Settlement Deed dated 05.09.2024. In terms of the MOU dated 05.09.2024, the Statement of the parties have already been recorded. In the MOU, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner/husband shall dissolve their marriage by decree of mutual consent. It is stated that the Petitioner /husband shall pay a sum of Rs.22,50,000/- towards full and final settlement of all the claims of the Respondent No. 2/wife, in three instalments. It is also stated that the Petitioner No. 1 shall pay first instalment of Rs.8,00,000/- to Respondent No. 2/wife, at the time of recording of Statement under Section 13B(I) of the Hindu Marriage Act, 1955 (HMA) and the second instalment of Rs.8,00,000/- shall be paid to the Respondent No. 2, at the time of recording of Statement under Section 13B(II) of the Hindu Marriage Act, 1955 (HMA) and the remaining amount shall be paid to Respondent No.2 at the time of quashing of the subject FIR. 8. It is stated that the Petitioner has already paid the first instalment of Rs.8,00,000/- at the time of recording of Statement under Section 13B(I) of the HMA and Rs.8,00,000/- to the Respondent No. 2, at the time 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 02/07/2025 at 01:05:08 recording of the statement under Section 13B(II) of the HMA. 9. It is also stated that on 02.12.2024, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved as per the Hindu law. 10. In view of the Settlement Deed dated 15.04.2025, the present Petition has been filed. 11. The parties are present before this Court in-person today and have been identified by their learned counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. 12. The parties have undertaken to remain bound by the terms of the Settlement. 13. The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 05.09.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 14. The present Petition has been signed by all the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 05.09.2024 and they also submit that the said MOU dated 05.09.2024 has been arrived at between the parties, without any pressure and coercion. 15. Today, the Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the FIR is quashed. 16. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be 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 02/07/2025 at 01:05:08 served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 17. Moreover, there is no legal impediment in quashing the aforesaid FIR in question. 18. Accordingly, FIR bearing No. 506/2022, registered at Police Station Chhawla, for an offence punishable under Sections 498A/406/34 of the IPC and all the proceedings emanating therefrom are quashed. However, it is clarified that the said Settlement is without prejudice to the rights of the minor, in accordance with law. 19. The Petition stands disposed of. NEENA BANSAL KRISHNA, J MAY 29, 2025/SV