M. Kumar, Mr. Kaartikeya Katari and Ms. Vartika Ojha, Advocates with v. THE STATE GOVT. OF NCT OF DELHI AND ANR

.....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the Statewith SI Ashok, PS Anand Vihar. Mr. Nikhl Sharma and Mr. Saleem Akhtar, Advocates for R2 with R2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA % O R D E R 09.04.2025 CRL.M.A. 6829/2025 (Exemption)

2. Exemption allowed, subject to all just exceptions. The Application stands disposed of. CRL.M.C. 1513/2025

3. The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner for quashing of FIR No. 325/2022 under Sections 323/341/506 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’), Police Station Anand Vihar and all the proceedings 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 16/04/2025 at 12:24:30 emanating therefrom, in terms of the Settlement dated 06.12.2024.

4. Issue Notice.

5. Mr. Yudhvir Singh Chauhan, learned APP appearing on advance Notice, accepts Notice on behalf of the State.

6. Brief facts of the case are that the marriage was solemnized between Petitioner/husband and the Respondent No. 2/wife on 14.11.2019, according to the Hindu rites and ceremonies and no child was born out of the said wedlock.

7. On 07.07.2022, on the Complaint of the Respondent No. 2, an FIR No. 325/2022 under Sections 323/341/506 of the IPC, got registered at Police Station Anand Vihar. The FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner.

8. It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 06.12.2024. In terms of the MOU dated 06.12.2024, the Statement of the parties have already been recorded.

9. 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 under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955, from the Court of learned Principal Family Judge, Delhi. It is stated that the Petitioner/husband shall pay a sum of Rs.20,00,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in three instalments. It is also stated that the Petitioner shall pay first instalment of Rs. 7,00,000/- to 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 16/04/2025 at 12:24:30 Respondent No. 2/wife, by way of Bank draft/Pay Order at the time of recording of statements of both the parties before the Court under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs. 7,00,000/- shall be paid by the Petitioner by way of Bank Draft/Pay Order to the Respondent No. 2, at the time of recording of statements before the Court of Petition under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third instalment of Rs.6,00,000/- shall by paid by the Petitioner by way of Bank Draft/Pay Order to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also submitted that the Respondent No. 2 shall withdraw all the proceedings pending against the Petitioner and his parents.

10. It is stated that the Petitioner has already paid the first instalment of Rs.7,00,000/- to the Respondent No. 2, at the time of recording of statements in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs.7,00,000/- has already been paid by the Petitioner to the Respondent No. 2 at the time of recording of statements in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third instalment of Rs.6,00,000/- has already been paid by the Petitioner to the Respondent No. 2.

11. It is also stated that on 18.01.2025 the marriage between the Petitioner and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law. In view of the Settlement Deed dated 06.12.2024, the present Petition has been filed.

12. 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 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 16/04/2025 at 12:24:30 the terms thereof voluntarily.

13. The parties have undertaken to remain bound by the terms of the Settlement.

14. The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 06.12.2024 and thus, no fruitful purpose will be served in continuing with the FIR.

15. The present Petition has been signed by the Petitioner and is supported by his Affidavit. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 06.12.2024 and they also submit that the said Memorandum of Understanding/MOU dated 06.12.2024 has been arrived at between the parties, without any pressure and coercion.

16. 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.

17. 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 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.

18. Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

19. Accordingly, FIR No. 325/2022 under Sections 323/341/506 of the IPC registered at Police Station Anand Vihar and all consequential proceedings emanating therefrom are quashed. 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 16/04/2025 at 12:24:30

20. In view of the Settlement dated 06.12.2024 and the submissions made by the parties, the Petition is disposed of accordingly. APRIL 9, 2025/RS NEENA BANSAL KRISHNA, J 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 16/04/2025 at 12:24:30