Sh. Yogender Gupta @ Yoginder Gupta v. The State Govt. Ofnct Of Delhi & ANR.
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2994/2025 SH. YOGENDER GUPTA @ YOGINDER GUPTA .....Petitioner Through:
Ms. Reena Singh, Mr. Tanupreet Kaur, Advocates with petitioner in person.
versus THE STATE GOVT. OFNCT OF DELHI & ANR. .....Respondents Through:
Mr. Yudhvir Singh Chauhan, APP for State with SI Naresh Kumar, PS Dabri.
Ms. Nidhi Jain, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 30.05.2025 CRL.M.A. 13317/2025 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
CRL.M.C. 2994/2025 3.
The 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 Petitioner seeking quashing of FIR No.1190/2015 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Dabri, 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 10.05.2014, according to the Hindu rites and ceremonies and one child, namely, Viaan, was born out of the wedlock on 13.01.2015. Petitioner and Respondent No. 2 started living separately since 23.09.2014.
7.
It is further submitted that on 12.09.2015, on the complaint of the Respondent No. 2, an FIR No. 1190/2015 under Sections 498A/406/34 of the IPC registered at Police Station Dabri, 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 Settlement Deed dated 24.02.2025. In terms of the Settlement Deed dated 24.02.2025, the Statement of the parties have already been recorded. In the Settlement Deed, 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. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.7,50,000/- towards full and final settlement of all the claims of the Respondent No. 2/wife. 9.
It is stated that the Petitioner has already paid the sum of Rs.7,50,000/- towards full and final settlement of all the claims to the Respondent No. 2.
10.
It is also stated that on 07.04.2025, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved as per the Hindu law.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
In view of the Settlement Deed dated 24.02.2024, the present Petition has been filed.
12.
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.
13.
The parties have undertaken to remain bound by the terms of the Settlement.
14.
The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 24.02.2024 and thus, no fruitful purpose will be served in continuing with the FIR.
15.
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, without any pressure and coercion vide Settlement Deed dated 24.02.2024.
16.
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.
17.
Statements of both the parties have already been recorded before the learned Joint Registrar.
18.
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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
19.
Moreover, there is no legal impediment in quashing the aforesaid FIR in question. The custody of the child has been agreed to remain permanently with the Respondent No. 2.
20.
Accordingly, FIR No. 1190/2015 dated 12.09.2015 under Sections 498A/406/34, registered at Police Station Dabri and all consequential proceedings emanating therefrom are quashed. However, it is clarified that the said Settlement is without prejudice to the rights of the minor child, in accordance with law.
21.
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.