Mr. D. D. Tripathi, Advocate v. THE STATE GOVT. OF NCT OF DELHI AND ANR
Case Details
Acts & Sections
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4184/2025 VIJENDER DEO AND ORS. .....Petitioners Through: Mr. D. D. Tripathi, Advocate. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Utkarsh, APP with SI Desh Raj and ASI Renu, PS: BHD Nagar. Mr. Piyush Lakhera and Mr. Devjeet Gautam, Advocates for R-2 with Respondent No.2 in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 02.07.2025 CRL.M.A. 18285/2025 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. CRL.M.C. 4184/2025 3. Petition under Section 528 BNSS has been filed on behalf of the Petitioners seeking quashing of FIR No.0232/2022 under Sections 498A/406/34/354 IPC registered at PS: Baba Haridas Nagar and proceedings emanating therefrom, in terms of the Settlement dated 25.07.2024. 4. Issue notice. 5. Learned APP for the State and learned counsel for Resopndent No.2 appears on advance notice and accepts notice. 6. Brief facts of the case are that the marriage between Petitioner/husband 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 07/07/2025 at 12:04:53 and the Respondent No. 2/wife was solemnized on 27.11.2020, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Due to temperamental issues, the Petitioner/husband and the Respondent No.2 are residing separately since June, 2021. 7. It is further submitted that on 08.04.2022, on the basis of complaint made by the Respondent No.2, FIR No. 0232/2022 under Sections 498A/406/34/354 IPC registered at PS: Baba Haridas Nagar. 8. It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner / 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 25.07.2024. 9. In terms of the Settlement dated 25.07.2024, the Statements of the parties have already been recorded before the learned JR. 10. In the Settlement, 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.12,50,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance stridhan and alimony of the Respondent No.2/wife, in three installments. It is also stated that the Petitioner/husband shall pay first installment of Rs.4,00,000/- 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 installment of Rs.5,00,000/- shall be paid to the Respondent 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 07/07/2025 at 12:04:53 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 installment of Rs.3,50,000/- shall be paid by the Petitioner/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. 11. It is stated that the Petitioner/husband has already paid the settled amount of Rs.9,00,000/- to the Respondent No. 2, which is accepted by the Respondent No. 2. Balance amount of Rs.3,50,000/- has been paid today, which is also accepted by Respondent No.2. 12. It is also stated that on 21.01.2025, the marriage between the Petitioner/husband and the Respondent No.2/wife, had been dissolved by mutual consent, as per the Hindu law. 13. In view of the Settlement dated 25.07.2024, the present Petition has been filed. 14. The parties are present, in-person, before this Court 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. 15. The parties have submitted that all the disputes have been amicably settled vide Settlement dated 25.07.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 16. 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 25.07.2024 and they submit that the said Settlement has been arrived at 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 07/07/2025 at 12:04:53 between the parties, without any pressure and coercion. 17. The Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed. 18. 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. 19. Moreover, there is no legal impediment in quashing the aforesaid FIR. 20. Accordingly, FIR No.0232/2022 under Sections 498A/406/34/354 IPC registered at PS: Baba Haridas Nagar and proceedings emanating therefrom stand quashed. 21. The Petition along with pending Application(s) is disposed of accordingly. NEENA BANSAL KRISHNA, J. JULY 2, 2025/R
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4184/2025 VIJENDER DEO AND ORS. .....Petitioners Through: Mr. D. D. Tripathi, Advocate. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Utkarsh, APP with SI Desh Raj and ASI Renu, PS: BHD Nagar. Mr. Piyush Lakhera and Mr. Devjeet Gautam, Advocates for R-2 with Respondent No.2 in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 02.07.2025 CRL.M.A. 18285/2025 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. CRL.M.C. 4184/2025 3. Petition under Section 528 BNSS has been filed on behalf of the Petitioners seeking quashing of FIR No.0232/2022 under Sections 498A/406/34/354 IPC registered at PS: Baba Haridas Nagar and proceedings emanating therefrom, in terms of the Settlement dated 25.07.2024. 4. Issue notice. 5. Learned APP for the State and learned counsel for Resopndent No.2 appears on advance notice and accepts notice. 6. Brief facts of the case are that the marriage between Petitioner/husband 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 07/07/2025 at 12:04:53 and the Respondent No. 2/wife was solemnized on 27.11.2020, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Due to temperamental issues, the Petitioner/husband and the Respondent No.2 are residing separately since June, 2021. 7. It is further submitted that on 08.04.2022, on the basis of complaint made by the Respondent No.2, FIR No. 0232/2022 under Sections 498A/406/34/354 IPC registered at PS: Baba Haridas Nagar. 8. It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner / 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 25.07.2024. 9. In terms of the Settlement dated 25.07.2024, the Statements of the parties have already been recorded before the learned JR. 10. In the Settlement, 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.12,50,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance stridhan and alimony of the Respondent No.2/wife, in three installments. It is also stated that the Petitioner/husband shall pay first installment of Rs.4,00,000/- 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 installment of Rs.5,00,000/- shall be paid to the Respondent 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 07/07/2025 at 12:04:53 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 installment of Rs.3,50,000/- shall be paid by the Petitioner/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. 11. It is stated that the Petitioner/husband has already paid the settled amount of Rs.9,00,000/- to the Respondent No. 2, which is accepted by the Respondent No. 2. Balance amount of Rs.3,50,000/- has been paid today, which is also accepted by Respondent No.2. 12. It is also stated that on 21.01.2025, the marriage between the Petitioner/husband and the Respondent No.2/wife, had been dissolved by mutual consent, as per the Hindu law. 13. In view of the Settlement dated 25.07.2024, the present Petition has been filed. 14. The parties are present, in-person, before this Court 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. 15. The parties have submitted that all the disputes have been amicably settled vide Settlement dated 25.07.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 16. 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 25.07.2024 and they submit that the said Settlement has been arrived at 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 07/07/2025 at 12:04:53 between the parties, without any pressure and coercion. 17. The Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed. 18. 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. 19. Moreover, there is no legal impediment in quashing the aforesaid FIR. 20. Accordingly, FIR No.0232/2022 under Sections 498A/406/34/354 IPC registered at PS: Baba Haridas Nagar and proceedings emanating therefrom stand quashed. 21. The Petition along with pending Application(s) is disposed of accordingly. NEENA BANSAL KRISHNA, J. JULY 2, 2025/R