Mr. Gaurav Malhotra, Advocate with v. GOVT OF NCT OF DELHI ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2944/2025, CRL.M.A. 13108/2025 CHANDRESH CHOUDHARY & ORS. .....Petitioners Through: Mr. Gaurav Malhotra, Advocate with Petitioners in person. versus GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for State with SI Archana, PS: Delhi Cantt. Mr. Atul Kharbanda, Ms. Sonia Kakran and Ms. Anshika Gerwal, Advocates for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 30.07.2025 1. Petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS”) has been filed on behalf of the Petitioner for quashing of FIR No.0141/2018 under Sections 498A/406/34 IPC, registered at PS: Delhi Cantt. and all consequential proceedings emanating therefrom, in terms of Settlement Deed dated 05.09.2024. 2. Issue Notice. 3. Learned APP and learned Counsel for the Respondent No. 2 appearing on advance Notice, accept Notice. 4. Brief facts of the case are that the marriage between Petitioner No.1/husband and Respondent No. 2/wife was solemnized on 16.11.2016, according to the Hindu rites and ceremonies. No child was born out of the said wedlock. Due to temperamental issues, Petitioner No.1/husband and 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 01/08/2025 at 12:41:11 Respondent No. 2/wife started residing separately since 27.07.2017. 5. It is further submitted that on 24.06.2018, on the complaint made by Respondent No.2, FIR No.0141/2018 under Sections 498A/406/34 IPC was registered at PS: Delhi Cantt. 6. It is submitted that the FIR was a consequence of the matrimonial disputes between Petitioner No.1/husband and Respondent No.2/wife. It is stated that the Petitioners and Respondent No.2 have amicably settled all their disputes and differences vide Settlement Deed dated 05.09.2024. 7. The parties are present before this Court in-person today and have been identified by their learned Counsel and concerned Investigating Officer. 8. In the Settlement, it was inter alia settled between the parties that Petitioner No.1/husband and Respondent No.2/wife 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 Petitioner No.1/husband shall pay a total sum of Rs.15,00,000/- 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 Respondent No. 2/wife, in three instalments. 9. It is also stated that Petitioner No.1/husband shall pay first instalment of Rs.5,00,000/- to Respondent No.2/wife 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.5,00,000/- along with Jewellery Articles shall be paid to the Respondent No. 2 at the time of recording of statement before the Court in Petition under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third instalment of Rs.5,00,000/- shall be paid by Petitioner No.1/husband by way of Bank Draft/Pay Order to the 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 01/08/2025 at 12:41:11 Respondent No.2, at the time of quashing the aforesaid FIR. It is also submitted that the parties shall withdraw all the proceedings pending against each-other. 10. It is stated that the Petitioner No.1/husband has already paid Rs.10,00,000/- to Respondent No. 2, which is also acknowledged by her. The balance settled amount of Rs.5,00,000/- has also been paid today in the Court by way of DD No.657632 dated 22.07.2025 drawn on Indian Overseas Bank in favour of Respondent No. 2, which is accepted by her. 11. It is also stated that on 14.02.2025, the marriage between Petitioner No.1/husband and Respondent No. 2/wife has been dissolved by mutual consent, as per the Hindu law. 12. In view of Settlement Deed dated 05.09.2024, the present Petition has been filed. 13. The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and 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 05.09.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 15. The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of Settlement Deed dated 05.09.2024 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 16. Respondent No. 2 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 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 01/08/2025 at 12:41:11 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. Consequently, FIR No.0141/2018 under Sections 498A/406/34 IPC, registered at PS: Delhi Cantt. and all consequential proceedings emanating therefrom are quashed. 20. The Petition along with pending Applications, is disposed of accordingly. NEENA BANSAL KRISHNA, J. JULY 30, 2025/R