Ajit Kumar v. NCT Of Delhi & ANR.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1444/2022 & CRL.M.A. 6260/2022 AJIT KUMAR .....Petitioner Through:

Mr. Prossenjeet Banerjee, Advocate with Mr. Pratyush Sharma, Mr. Sarthak Bhardwaj, Ms. Anshika Sharma and Mr. Satyam Gupta, Advocates.

versus NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Rajkumar, APP for the State.

Respondent no. 2-in-person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 10.03.2025 1.

The instant petition has been filed by the petitioner, praying for quashing of FIR bearing No. 0546/2021, registered at Police Station Vivek Vihar, Delhi, for the offences punishable under Sections 498A/406 of the Indian Penal Code, 1860 (hereafter 'IPC').

2.

Petitioner is present before this Court and has been identified by his counsel Mr. Prossenjeet Banerjee and Investigating Officer (IO) concerned, Police Station, Vivek Vihar, Delhi.

3.

Brief facts of the case are that the marriage between the petitioner and the respondent no. 2 was solemnized at Delhi on 21.05.1998, in accordance with Hindu rites and ceremonies. That after their marriage, some The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

temperamental differences had arisen between the petitioner and respondent no. 2. Consequently, they started living separately. A complaint was made by respondent no. 2 which resulted in the aforementioned FIR bearing No. 0546/2021 against the petitioner.

4.

The learned counsel for the petitioner submits that both the parties have amicably settled their dispute vide Settlement Agreement dated 07.02.2025. As per said agreement, the parties have agreed that out of the total amount of Rs. 1,10,00,000/- an amount of Rs. 37,00,000/- shall be paid to the respondent no. 2 on the day of passing of the order of quashing of the present FIR. The parties have further agreed that the said amount of Rs. 37,00,000/- shall be arranged by the petitioner on or before 10.03.2025. Further, the petitioner shall pay the amount of Rs. 37,00,000/- on the date of recording statement in the petition under Section 13B(1) of the Hindu Marriage Act (hereafter 'HMA') before the concerned Family Court. It is further mentioned that the petitioner will pay the balance amount of Rs. 36,00,000/- shall be paid to the respondent no. 2 at the time of recording the statement in the petition under Section 13B(2) of the HMA before the concerned Family Court.

5.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has agreed to compromise out of her own free will and without any pressure, coercion or threat. Further, it is also stated by respondent no.2 that the entire dispute has been amicably settled/compromised the parties and therefore, respondent no. 2 has no objection if the present FIR may be quashed. 6.

Today, the complainant who is present in this Court states that she has received Rs. 37,00,000/- as per Settlement Agreement dated 07.02.2025 vide The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

DD No. 000653 drawn on Axis Bank and has no objection if the FIR is quashed.

7.

In view of the above, the parties have amicably resolved their differences of their own free will, and without any coercion and no useful purpose will be fulfilled by continuing the present proceedings, rather the same would create further acrimony between them. It would, thus, be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

8.

Accordingly, FIR bearing No. 0546/2021, registered at Police Station Vivek Vihar, Delhi, for the offences punishable under Sections 498A/406 of IPC and all consequential proceedings emanating therefrom are quashed. 9.

In view of the above, the present petition stands disposed of. 10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 10, 2025/vc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.