✦ High Court of India · 30 May 2025

Ms. Ishita Sehgal, Ms. Jyoti Sharma and Mr. Manish Kumar, Advocates v. THE STATE OF NCT OF DELHI AND ANR

Case Details High Court of India · 30 May 2025
Court
High Court of India
Decided
30 May 2025
Bench
Not available
Length
1,015 words

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3656/2025 MOHIT VERMA AND ORS .....Petitioners Through: Ms. Ishita Sehgal, Ms. Jyoti Sharma and Mr. Manish Kumar, Advocates. versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State with ASI Rakesh Kumar, PS Hauz Qazi. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 30.05.2025 CRL.M.A. 16097/2025 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 3656/2025 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 Petitioners seeking quashing of FIR No. 122/2024 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station Hauz Qazi, Delhi and all the proceedings emanating therefrom. 4. Issue Notice. 5. Mr. Yudhvir Singh Chauhan, learned APP appearing on advance 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 02/06/2025 at 12:41:24 Notice, accepts Notice on behalf of the State. 6. Brief facts of the case are that the marriage was solemnized between the Petitioner No. 1 and the Respondent No. 2 on 04.03.2022, according to the Hindu rites and ceremonies. 7. It is further submitted that on 03.06.2024, on the complaint of the Respondent No. 2, an FIR No. 122/2024 under Sections 498A/406/34 of the IPC registered at Police Station Hauz Qazi, Delhi 8. It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide a Mediated Settlement dated 20.12.2024. In terms of the Settlement dated 20.12.2024, the statement of the parties have already been recorded before the learned Joint Registrar. 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. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.12,50,000/- 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.5,00,000/- to Respondent No. 2/wife, at the time of recording of statements of both the parties in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs.5,00,000/- shall be paid 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 was to be paid at the time of quashing of the FIR. 9. It is stated that the Petitioner has already paid the first instalment of Rs.5,00,000/- to the Respondent No. 2, at the time of recording of statements 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 02/06/2025 at 12:41:24 in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955 vide order dated 20.12.2024 and the second instalment of Rs.5,00,000/- has been paid at the time of recording of statements in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act, 1955. 10. It is also stated that on 10.03.2025, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved by a decree of divorce by mutual consent as per the Hindu law. 11. In view of the Settlement dated 15.04.2024, 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 Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted 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 dated 15.04.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 15. The present Petition has been signed by the Petitioner No.1 and is supported by his Affidavit. The parties have reaffirmed the terms of the settlement arrived at between the parties vide Settlement dated 15.04.2024, 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 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 02/06/2025 at 12:41:24 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. 122/2024 dated 03.06.2024 under Sections 498A/406/34 of the IPC, registered at Police Station Hauz Qazi and all consequential proceedings emanating therefrom are quashed. 20. The Petition stands disposed of. NEENA BANSAL KRISHNA, J MAY 30, 2025 PB

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3656/2025 MOHIT VERMA AND ORS .....Petitioners Through: Ms. Ishita Sehgal, Ms. Jyoti Sharma and Mr. Manish Kumar, Advocates. versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State with ASI Rakesh Kumar, PS Hauz Qazi. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 30.05.2025 CRL.M.A. 16097/2025 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 3656/2025 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 Petitioners seeking quashing of FIR No. 122/2024 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station Hauz Qazi, Delhi and all the proceedings emanating therefrom. 4. Issue Notice. 5. Mr. Yudhvir Singh Chauhan, learned APP appearing on advance 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 02/06/2025 at 12:41:24 Notice, accepts Notice on behalf of the State. 6. Brief facts of the case are that the marriage was solemnized between the Petitioner No. 1 and the Respondent No. 2 on 04.03.2022, according to the Hindu rites and ceremonies. 7. It is further submitted that on 03.06.2024, on the complaint of the Respondent No. 2, an FIR No. 122/2024 under Sections 498A/406/34 of the IPC registered at Police Station Hauz Qazi, Delhi 8. It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide a Mediated Settlement dated 20.12.2024. In terms of the Settlement dated 20.12.2024, the statement of the parties have already been recorded before the learned Joint Registrar. 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. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.12,50,000/- 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.5,00,000/- to Respondent No. 2/wife, at the time of recording of statements of both the parties in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs.5,00,000/- shall be paid 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 was to be paid at the time of quashing of the FIR. 9. It is stated that the Petitioner has already paid the first instalment of Rs.5,00,000/- to the Respondent No. 2, at the time of recording of statements 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 02/06/2025 at 12:41:24 in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955 vide order dated 20.12.2024 and the second instalment of Rs.5,00,000/- has been paid at the time of recording of statements in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act, 1955. 10. It is also stated that on 10.03.2025, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved by a decree of divorce by mutual consent as per the Hindu law. 11. In view of the Settlement dated 15.04.2024, 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 Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted 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 dated 15.04.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 15. The present Petition has been signed by the Petitioner No.1 and is supported by his Affidavit. The parties have reaffirmed the terms of the settlement arrived at between the parties vide Settlement dated 15.04.2024, 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 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 02/06/2025 at 12:41:24 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. 122/2024 dated 03.06.2024 under Sections 498A/406/34 of the IPC, registered at Police Station Hauz Qazi and all consequential proceedings emanating therefrom are quashed. 20. The Petition stands disposed of. NEENA BANSAL KRISHNA, J MAY 30, 2025 PB

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