Mr. Lalit Kumar, Advocate v. STATE NCT OF DELHI THROUGH THE SHO KASHMERE GATE P.S. ANR

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4553/2025 DILIP KUMAR & ORS. .....Petitioners Through: Mr. Lalit Kumar, Advocate. versus STATE NCT OF DELHI THROUGH THE SHO KASHMERE GATE P.S. & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP with SI Manish Tyagi, PS: Kashmiri Gate. Mr. Virendra Singh, Adv. for R-2 with Respondent No.2 in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 14.07.2025 1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has been filed on behalf of the Petitioners for quashing of FIR No. 0566/2022 registered under Sections 498A/406/34 IPC at PS: Kashmiri Gate and all the proceedings emanating therefrom, in terms of the Settlement Deed dated 08.04.2024. 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 the Respondent No. 2/wife was solemnized on 09.12.2020, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Due to temperamental issues, the 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 17/07/2025 at 11:57:04 the Respondent No. 2 are residing separately since 23.01.2022. 5. It is further submitted that on 28.01.2022, on the basis of complaint made by the Respondent No. 2, FIR No. 0566/2022 got registered under Sections 498A/406/34 IPC at PS: Kashmiri Gate. 6. 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 vide Settlement Deed dated 08.04.2024. 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 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, from the Court of learned Principal Family Judge, Delhi. It is stated that the Petitioner/husband shall pay a sum of Rs.5,50,000/- 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. 9. It is also stated that the Petitioner/husband shall pay first instalment of Rs.2,00,000/- 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.1,50,000/- 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.1,50,000/- shall 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 17/07/2025 at 11:57:04 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. 10. It is stated that the Petitioner/husband has already paid Rs.4,00,000/- to the Respondent No. 2, which is acknowledged by the Respondent No. 2. The balance settled amount of Rs.1,50,000/- has also been paid today in the Court by way of DD No.456235 dated 01.05.2025 drawn on Central Bank of India in favour of Respondent No. 2, which is accepted by the Respondent No. 2. 11. It is also stated that on 22.11.2024, 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. 12. In view of Settlement Deed dated 08.04.2024, 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 08.04.2024 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 the Settlement Deed dated 08.04.2024 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 16. The Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is 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 17/07/2025 at 11:57:04

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. Consequently, FIR No. 0566/2022 registered under Sections 498A/406/34 IPC at PS: Kashmiri Gate and all consequential proceedings emanating therefrom are quashed. 20. The Petition alongwith pending Application, is disposed of accordingly. NEENA BANSAL KRISHNA, J. JULY 14, 2025/R