Shri Pradeep Kumar & ORS. v. The State NCT Of Delhi And ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4915/2025 SHRI PRADEEP KUMAR & ORS.

.....Petitioners Through:

Mr. Arun Gaur and Mr. Veeresh Kumar Sharma, Advocates with Petitoners.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for the State with SI Priyank Kumar, PS Anand Vihar.

Mr. Schin Gupta, Mr. Aman Parashar and Ms. Poonam Sharma, Advocates for R2 with R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.07.2025 CRL.M.A. 21285/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 4915/2025 3.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') with 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.156/2021 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Anand Vihar, Delhi and all the consequential proceedings emanating therefrom, in view of the Settlement dated 01.03.2025.

4.

Issue Notice.

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

5.

On advance Notice, learned APP for the State has appeared and accepts the Notice on behalf of the State.

6.

Brief facts of the case are that the marriage was solemnized between Petitioner No.1/husband and the Respondent No. 2/wife on 30.11.2013, according to the Hindu rites and ceremonies and a baby child, namely, Bidisha was born out of the said wedlock on 15.06.2015. Petitioner No. 1 and the Respondent No. 2 living separately since 30.05.2020. 7.

On the Complaint of the Respondent No.2/Complainant, FIR No.156/2021 under Section 498A/406/34 IPC got registered at Police Station Anand Vihar, Delhi.

8.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No.1. 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 01.03.2025. 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 is stated that the Petitioner No.1/husband shall pay a sum of Rs.7,50,000/- by way of cash/demand draft, towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No.

2/wife. It is also stated that the Petitioner No. 1shall pay first instalment of Rs.2,50,000/- to Respondent No. 2/wife, at the time of recording of Statement of first Motion Petition; the second instalment of Rs.2,50,000/- shall be paid by the Petitioner No.1 to the Respondent No. 2, at the time of recording of second Motion Statement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and the third instalment of Rs.2,50,000/- shall be paid by the Petitioner No. 2 to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also settled that the parties shall not file any case/complaint/litigation against each other in future.

9.

A Demand Draft bearing No. 000598, drawn from HDFC Bank, Crossing Republic Ghazaiabad-201016, in the sum of Rs.2,50,000/- in favour of Ms. Soni, has been handed over by the Petitioner No. 1 to the Respondent No. 2/wife, in the Court today. The Respondent No. 2 is present in the Court and states that she has received all amounts due to her and has no objection if the said FIR is quashed.

10.

It is also stated that on 04.07.2025, the marriage between the Petitioner No.1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

11.

Both the parties have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

12.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 156/2021 under Section 498A/406/34 IPC registered at Police Station Anand Vihar, Delhi and all the consequential proceedings emanating therefrom are quashed. It is hereby clarified that the said Compromise is without prejudice to the rights and entitlement of the child. 13.

The Petition is disposed of accordingly.

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