Aditya Tomar v. State Govt. Of NCT, Delhi & ANR.

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 218/2025 & CRL.M.A. 3884/2025 ADITYA TOMAR .....Petitioner Through:

Mr. Mukesh Hooda and Mr. Prashant Hooda, Advs.

versus STATE GOVT. OF NCT, DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for State with SI Rakesh, PS. Kanjhawala.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 12.03.2025

O R D E R

CRL.M.A. 1188/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 218/2025 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.9/2019 under Section 307 IPC registered at Police Station Begumpur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 4.

Issue notice. The learned APP for the State accepts notice. She submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

5.

The petitioner is present in Court and he has been identified by his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel, as well as, by the Investigating Officer SI Rakesh, PS. Kanjhawala. 6.

The learned counsel for the petitioner invites attention of the Court to the statement of the respondent no.2/victim recorded by the learned Joint Registrar (Judicial) on 20.02.2025 which is part of the record. 7.

The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 16.04.2016 according to Hindu Rites and Customs. No child was born out of the said wedlock. 8.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 20.08.2017. The dispute between the parties also led to the registration of present FIR. 9.

During the pendency of the proceedings, the parties have referred to Mediation Centre, Rohini District Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 20.11.2023, which is annexed as Annexure P-2 to the present petition. 10.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 04.06.2024, which is annexed as Annexure P-3 to the present petition.

11.

It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.19 lacs to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. in the manner as mentioned in the settlement.

12.

In the said settlement, it has been recorded that the respondent no. 2 has received entire settlement amount of Rs. 19 lacs. She has further affirmed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

having signed the Settlement Deed out of her own will and wishes. It is also recorded that the respondent no.2/victim does not wish to pursue the present FIR. The statement of respondent no. 2 was also recorded by the learned Joint Registrar and the same is on record.

13.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

15.

Consequently, the petition is allowed and the FIR No.9/2019 under Section 307 IPC registered at Police Station Begumpur alongwith all other proceedings emanating therefrom, is quashed.

16.

The petition stands disposed of along with the pending application, if any, in the above terms.

17.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J MARCH 12, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.