Mr. Kuldeep Vashishth, Advocate with v. STATE OF NCT OF DELHI AND ANR
Case Details
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1582/2025 & CRL.M.A. 14807/2025 VARUN PARASHAR AND ANR .....Petitioners Through: Mr. Kuldeep Vashishth, Advocate with Petitioners in person versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC (CRL) with Mr. Sangeet Sibou, Mr. Priyansh Raj Singh Sengar and Mr. Aniket Kumar Singh, Advocates for the State alongwith SI Ashutosh Mishra, P.S. Mehrauli Mr. N.K. Khatana and Mr. Deepak Chaudhary, Advocates for R-2 with R-2 in person CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 30.05.2025 1. Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’)/Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) has been filed on behalf of the Petitioners for quashing of FIR No. 0595/2023 dated 28.09.2023 under Sections 323/354/498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’), registered at P.S. Mehrauli and all the proceedings emanating therefrom, in terms of the Settlement dated 16.04.2024. 2. Issue Notice. 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 00:56:10
3. Mr. Rahul Tyagi, learned ASC appearing on advance Notice, accepts Notice on behalf of the State. 4. Brief facts of the case are that the marriage between Petitioner No.1/husband and the Respondent No. 2/wife was solemnized on 06.07.2021, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Due to temperamental issues, Petitioner No. 1 and the Respondent No. 2 started living separately since 19.02.2023. 5. It is further submitted that on 16.03.2023, the Respondent No. 2 filed a complaint before ACP CAW Cell, which converted into FIR No. 0595/2023 under Sections 323/354/498A/406/34 of the IPC, got registered at P.S. Mehrauli. 6. It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No. 1/husband. 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 dated 16.04.2024. 7. In terms of the Settlement dated 16.04.2024, the Statements of the parties have already been recorded before the learned JR. 8. In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955. It is stated that the Petitioner No. 1/husband shall pay a sum of Rs.10,00,000/- 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 No. 1/husband shall pay first 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 00:56:10 instalment of Rs.3,50,000/- 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.3,50,000/- 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.3,00,000/- shall be paid by the Petitioner No. 1/husband 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 parties shall withdraw all the proceedings pending against each-other. 9. It is stated that the Petitioner No. 1/husband has already paid the settled amount of Rs.10,00,000/- to the Respondent No. 2, which is accepted by the Respondent No. 2. 10. It is also stated that on 04.03.2025, the marriage between the Petitioner No. 1/husband and the Respondent No. 2/wife, had been dissolved by mutual consent, as per the Hindu law. 11. In view of the Settlement dated 16.04.2024, 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 concerned Investigating Officer. 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. 13. The parties have submitted that all the disputes have been amicably settled vide Settlement dated 16.04.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 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 00:56:10
14. The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of the Settlement dated 16.04.2024 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 15. The Respondent No. 2 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 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 No. 0595/2023 under Sections 323/354/498A/406/34 of the IPC registered at P.S. Mehrauli and all consequential proceedings emanating therefrom are quashed. 19. The Petition alongwith pending Applications, is disposed of accordingly. NEENA BANSAL KRISHNA, J MAY 30, 2025 N