Kanahya Lal Daswani & ANR. v. State Of NCT Of Delhi & ANR.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5229/2025 KANAHYA LAL DASWANI & ANR.

.....Petitioners Through:

Mr. M.S Nandal, Advocate with Petitioners.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr. Ankit Yadav, Advocate for R2 with R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 04.08.2025 1.

Petition under 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, for quashing of FIR No.157/2022 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Gulabi Bagh, Delhi and all the consequential proceedings emanating therefrom, in view of the Settlement Deed dated 25.07.2025. 2.

Issue Notice.

3.

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

4.

Brief facts of the case are that the marriage was solemnized between Petitioner No.1/husband and the Respondent No. 2/wife on 26.10.2004, according to the Hindu rites and ceremonies and a child, namely, Girish was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

born out of the said wedlock on 02.11.2011. The parties started living separately since 17.08.2018.

5.

On the Complaint of the Respondent No.2/Complainant, FIR No. 157/2022 under Section 498A/406/34 of IPC, got registered at Police Station Gulabi Bagh, Delhi.

6.

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 Memorandum of Settlement (MOU) dated 25.07.2025. In the Settlement, it was inter alia settled between the parties that they have decided to live together and to end all the pending litigations between them. It is also settled that the Respondent No. 2 shall withdraw the Domestic Case under Section 12 D.V. Act; Case under Section 125 Cr.P.C. and Case FIR under Section 498A IPC. It is further settled between the parties that the Respondent No. 2/wife shall not file any Execution Petition and shall not claim any maintenance in future. It is also settled that both the parties shall not file any sort of Complaint/Case/representation against each other in future. 7.

Today, the Respondent No. 2/wife, who is present in the Court, states that she has no objection if the said FIR is quashed. 8.

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.

9.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 157/2022 under Section 498A/406/34 of IPC, registered at Police Station Gulabi Bagh, Delhi and all the consequential proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

emanating therefrom are quashed.

10.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J AUGUST 4, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.