Himanshu & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2480/2025 HIMANSHU & ORS.

.....Petitioners Through:

Mr. Chatur Singh, Advocate.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State with SI Deependra, PS Sonia Vihar.

Complainant in person with her father.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 30.05.2025 CRL.M.A. 11092/2025 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 2480/2025 3.

Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC')/ Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioners seeking quashing of FIR No. 57/2021 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Sonia Vihar, Delhi and all the proceedings emanating therefrom.

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

4.

Issue Notice.

5.

Mr. Yudhvir Singh Chauhan, learned APP appearing on advance Notice, accepts Notice on behalf of the State. 6.

Brief facts of the case are that the marriage was solemnized between the Petitioner No. 1 and the Respondent No. 2 on 11.06.2020, according to the Hindu rites and ceremonies.

7.

It is further submitted that on 06.03.2021, on the complaint of the Respondent No. 2, an FIR No. 57/2021 under Sections 498A/406/34 of the IPC was registered at Police Station Sonia Vihar, Delhi 8.

It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 04.02.2025. In terms of the MOU dated 04.02.2025, the statement of the parties have already been recorded before the learned Joint Registrar. In the MOU, 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. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.3,50,000/- towards full and final settlement of all the claims of the Respondent No. 2/wife, in two instalments. It is also stated that the Petitioner No. 1 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 in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955 and the second instalment of Rs.1,50,000/- shall be paid to the Respondent No. 2, at the time of recording of statements in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act, 1955. 9.

It is stated that the Petitioner has already paid the first instalment of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Rs.2,00,000/- in cash to the Respondent No. 2, at the time of recording of statements in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955 vide order dated 12.02.2025 and the second instalment of Rs.1,50,000/- will be paid at the time of recording of statements in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act, 1955, which both the parties have agreed to be filed within one week from the quashing of the FIR.

10.

In view of the MOU dated 04.02.2025, 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 Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

12.

The parties have undertaken to remain bound by the terms of the Settlement.

13.

The parties have submitted that all the disputes have been amicably settled vide MOU dated 04.02.2025 and thus, no fruitful purpose will be served in continuing with the FIR.

14.

The present Petition has been signed by the Petitioner No.1 and is supported by his Affidavit. The parties have reaffirmed the terms of the settlement arrived at between the parties vide MOU dated 04.02.2025, without any pressure and coercion.

15.

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 FIR is quashed.

16.

In view of the above facts that the parties have amicably resolved The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 17.

Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

18.

Accordingly, FIR No. 57/2021 dated 06.03.2021 under Sections 498A/406/34 of the IPC, registered at Police Station Sonia Vihar and all consequential proceedings emanating therefrom are quashed. 19.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J MAY 30, 2025 PB The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.