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High Court of DelhiCRL.M.C./4182/2025

Lalit Saini & ORS. v. State Of NCT Of Delhi & ANR.

2025-07-24Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4182/2025 LALIT SAINI & ORS.

.....Petitioner Through:

Mr. Deepak Kumar Srivastav, Mr.

Phillip Massey, Mr. Jeetu Bhati and Mr. Dev Suman Mohanpuria, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Shoaib Haider, APP for the State with SI Kanwar Singh P.S. Sagarpur and SI Loveleen P.S. Moti Nagar.

.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.07.2025 1.

The present Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 BNSS has been filed on behalf of the Petitioners seeking to quash the FIR No. 0202/2017 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Moti Nagar, Delhi.

2.

Brief facts of the case are that the marriage between petitioner No. 1 and respondent No. 2 was solemnized on 29.01.2016 according to Hindu rites and ceremonies. It is stated that no child was born out of the said wedlock. After few days of marriage, due to disputes and temperamental The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

differences the Petitioner No.1 and Respondent No.2 started residing separately from 20.09.2016.

3.

It is further submitted that on 05.06.2017, on the complaint of respondent No. 2, an FIR bearing No. 0202/2017 under Sections 498A/406/34 of the Indian Penal Code, 1860 got registered at Police Station Moti Nagar against the Petitioners.

4.

It is stated that during the pendency of the case, the matter was referred to the Counselling Cell, Family Court West, where both the parties amicably settled all the disputes and differences vide Compromise Deed dated 05.07.2024, and 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 petitioner No. 1/husband shall pay a sum of Rs. 15,00,000/- to the respondent No. 2/wife towards full and final amount of all the claims of the respondent No. 2/wife. It is also stated that the petitioner No. 1 has already paid Rs.3,00,000/- to respondent No. 2/wife on 16.08.2024. The second installment of Rs.3,00,000/- has been paid to Respondent No.

2/wife at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955. The third installment of Rs.3,00,000/- has been paid by the Petitioner No.1/husband to Respondent No.2/wife on 16.12.2024 and the fourth installment of Rs.3,00,000/- has been paid to 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. 5.

It is further stated that the balance amount of Rs.3,00,000/- has been paid by the petitioner No. 1/husband today in the Court at the time of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashing of FIR No. 0202/2017 by way of a Demand Draft dated 23.07.2025 drawn on IDFC First Bank issued by Dwarka Branch, and the same has been confirmed by Respondent No.2.

6.

It is also stated that on 18.03.2024, the marriage between Petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law. 7.

In view of the Compromise Deed dated 05.07.2024, the present Petition has been filed.

8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 05.07.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 10.

The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 05.07.2024 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 11.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

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

12.

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, I am of the opinion that 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.

13.

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

14.

Accordingly, FIR bearing No. 0202/2017 registered at Police Station Moti Nagar, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed.

15.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 24, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.