Delhi High Court · 2025

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5168/2025 GIRIRAJ @ ROHIT & ORS. .....Petitioners Through: Mr. Kunal Shahi, Mr. Prashwar Azad and Ms. Smarika Azad, Advocates with Petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State with SI Satyam Gupta, P.S. Hauz Qazi Mr. Zameer Ahmad and Ms. Akshita Soni, Advocates for R-2 with R-2 in person CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 01.08.2025 1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioners for quashing of FIR No. 0112/2023 dated 22.04.2023 registered under Sections 498A/406/506/509/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) at P.S. Hauz Qazi and all the proceedings emanating therefrom, in terms of the Settlement dated 09.05.2025. 2. Issue Notice. 3. Mr. Shoaib Haider, learned APP for the State appearing on advance Notice, accepts Notice on behalf of the State. Learned Counsel for 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 05/08/2025 at 12:05:07 Respondent No. 2, accepts the Notice. 4. Brief facts of the case are that the marriage between Petitioner/husband and the Respondent No. 2/wife was solemnized on 28.11.2021, 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 22.07.2022. 5. It is further submitted that on 22.07.2022, Respondent No. 2 filed a complaint before the CAW Cell, Kamla Market, which culminated into registration of FIR No. 0112/2023 under Sections 498A/406/34 of the IPC, got registered at P.S. Hauz Qazi. 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 and arrived at Settlement dated 09.05.2025. 7. 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.4,25,000/- 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 two instalments. It is also stated that the Petitioner/husband shall pay first instalment of Rs.2,10,000/- to Respondent No. 2/wife before the Court learned JMFC. The second 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 05/08/2025 at 12:05:07 instalment of Rs.2,15,000/- shall be paid 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. 8. It is stated that the Petitioner/husband has already paid Rs.2,10,000/- to the Respondent No. 2, which is acknowledged by the Respondent No. 2. The balance amount of Rs.2,15,000/- is being transferred today through RTGS, which is accepted by the Respondent No. 2. 9. It is also stated that on 08.11.2024, the marriage between the Petitioner/husband and the Respondent No. 2/wife, had been dissolved by mutual consent, as per the Hindu law. 10. In view of the Settlement dated 09.05.2025, the present Petition has been filed. 11. 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. 12. The parties have submitted that all the disputes have been amicably settled vide Settlement dated 09.05.2025 and thus, no fruitful purpose will be served in continuing with the FIR. 13. 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 09.05.2025 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 14. 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 05/08/2025 at 12:05:07

15. 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. 16. Moreover, there is no legal impediment in quashing the aforesaid FIR in question. 17. Accordingly, FIR No. 0112/2023 dated 22.04.2023 registered under Sections 498A/406/506/509/34 IPC at P.S. Hauz Qazi and all consequential proceedings emanating therefrom are quashed. 18. The Petition alongwith pending Application, is disposed of accordingly. NEENA BANSAL KRISHNA, J AUGUST 1, 2025 N