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High Court of DelhiCRL.M.C./1063/2025

Anand Singh v. State Govt. Of NCT Of Delhi And ANR.

2025-07-14Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1063/2025 ANAND SINGH .....Petitioner Through:

Mr. Kuldeep Rana, Advocate.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Shoaib Haider, APP for the State with SI Gajender Mathur, PS Tilak Nagar.

Mr. Siddhartha Singh, Advocate for R2/Complainant with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 14.07.2025 CRL.M.A. 4843/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 1063/2025 3.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.', has been filed on behalf of the Petitioner, Anand Singh for quashing of FIR No.01/18 under Section 498A/406 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Tilak Nagar and all the consequential proceedings emanating therefrom, in view of the Mediated Settlement dated 13.11.2024.

4.

Issue Notice.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

On advance Notice, learned APP has appeared and accepts the Notice on behalf of the State.

6.

Brief facts of the case are that the marriage was solemnized between Petitioner/husband and the Respondent No. 2/wife on 09.12.2012, according to the Hindu rites and ceremonies and one child, namely, Bhavya Singh, was born out of the said wedlock.

7.

On the Complaint of the Respondent No.2/Complainant, FIR No.01/18 under Section 498A/406 IPC, got registered at Police Station Tilak Nagar.

8.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner. It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Mediated Settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 13.11.2024. 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. It is stated that the Petitioner/husband shall pay a sum of Rs.7,00,000/- 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, by way of DD. It is also stated that the Petitioner shall pay first instalment in the sum of Rs.2,00,000/- to the Respondent No. 2/wife, at the time of recording of Statements of both the parties under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment in the sum of Rs.2,00,000/- shall be paid by the Petitioner to the Respondent No. 2, at the time of recording of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Statements under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third instalment in the sum of Rs.3,00,000/- shall by paid by the Petitioner to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also settled that both the parties and their family members shall not file any case, complaint or litigation against each other. It is also settled between the parties that the custody of the child, namely, Bhavya, shall remain with the Respondent No. 2.

9.

It is stated that the Petitioner No. 1 has already paid the first instalment in the sum of Rs.2,00,000/- to Respondent No. 2/wife, at the time of recording of Statements of both the parties under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment in the sum of Rs.2,00,000/- has also been paid by the Petitioner to the Respondent No. 2 at the time of recording of Statements under Section 13-B(2) of the Hindu Marriage Act, 1955 and a Demand Draft in the sum of Rs.3,00,000/- (balance amount) bearing No. 016514, drawn from Axis Bank, Sector-7, Dwarka, New Delhi, in favour of Ms. Neha, has been handed over by the Petitioner to the Respondent No.2/wife, today in the Court. 10.

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 said FIR is quashed.

11.

It is also stated that on 27.01.2025, the marriage between the Petitioner and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

12.

The parties have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 01/18 under Section 498A/406 IPC, registered at Police Station Tilak Nagar and all the consequential proceedings emanating therefrom are quashed. It is hereby clarified that the said Compromise is without prejudice to the rights and entitlement of the child. 14.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J JULY 14, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.