Ashok Kumar And ORS v. State And ANR
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3774/2025 ASHOK KUMAR AND ORS .....Petitioners Through:
Ms. Jyori Shokeen, Advocate with Petitioners.
versus STATE AND ANR .....Respondents Through:
Mr. Shoaib Haider, APP for the State.
Counsel for Complainant (appearance not given) with Complainant.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 08.10.2025 1.
Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (old Section 482 of the Code of Criminal Procedure, 1973) (hereinafter referred to as 'Cr.PC'), has been filed on behalf of the Petitioners, for quashing of FIR No.0929/2015 dated 27.11.2015 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station South Rohini, North South District and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 11.10.2023. 2.
Issue Notice.
3.
On advance Notice, learned APP has appeared and accepted the Notice on behalf of the State.
4.
On the Complaint of the Respondent No.2/wife, FIR No.0929/2015 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
dated 27.11.2015 under Section 498A/406/34 of IPC, got registered at Police Station South Rohini, North South District.
5.
It is submitted that the said FIR was a consequence of the matrimonial disputes between the Complainant/wife and the Petitioners. It is stated that the Petitioners 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 11.10.2023. In the Settlement, 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 under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955. It was further agreed between the parties that the matter shall be settled without any alimony as full and final settlement (against stridhan and dowry, maintenance towards past, present and future qua this marriage). 6.
Respondent No. 2 has appeared and submitted that she is not willing to compromise the present case. She has further submitted that no amount towards the maintenance and other claims, has been paid under the Settlement and she has been forced and coerced to enter into the Settlement. It is further submitted that there are certain items belonging to her, which have also not been returned. She, therefore, retracts from the compromise and submits that she is not willing for quashing of the said FIR, at this stage. 7.
The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned. 8.
In view of the submissions made, petition is dismissed with liberty to the parties to approach the Court in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
case there is any settlement in future.
9.
The Petition is disposed of accordingly.
NEENA BANSAL KRISHNA, J OCTOBER 8, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.