Nitin Kunwar @ Kunwar Nitin & ORS. v. The State NCT Of Delhi And ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5678/2025 NITIN KUNWAR @ KUNWAR NITIN & ORS.

.....Petitioner Through:

Ms. Ekta Gambhir, Advocate with Petitioners in person.

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

Mr. Shoaib Haider, APP for the State.

Mr. Gaurav Kant Sharma, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 19.08.2025 1.

A Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners seeking quashing of FIR No.100/2022 under Section 498A/406/34 IPC registered at Police Station Neb Sarai, New Delhi.

2.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 30.09.2017 according to Hindu rites and ceremonies. It is stated that no child was born out of the said wedlock. It is stated that due to some temperamental differences, the Petitioner No.1 and Respondent No.2 started residing separately from 17.09.2019.

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

3.

It is further submitted that the Respondent No.2 filed a Complaint in the CAW Cell, Neb Sarai against the Petitioners which was converted into FIR No.100/2022 under Sections 498A/406/34 of the Indian Penal Code, 1860.

4.

It is stated that during the pendency of trial, the matter was referred to Mediation Centre, Saket Courts, New Delhi, where both the parties amicably settled all the disputes and differences before Mediation Centre, Saket Courts, Delhi vide Compromise Deed dated 05.05.2025, 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. 50,00,000/- 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. 40,00,000 to respondent No. 2/wife in two installments viz., Rs. 20,00,000/- was paid at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955 and another Rs.20,00,000/- was paid 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 remaining third instalment of Rs. 10,00,000/- shall be paid by the petitioner No. 1/husband at the time of quashing of FIR No. 100/2022.

6.

It is also stated that on 14.07.2025, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In view of the Compromise Deed dated 05.05.2025, 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 third installment of Rs.10,00,000/- has been paid to the respondent No. 2/wife by the petitioner No. 1 today in the Court via Demand Draft No.075779 dated 30.07.2025 drawn on State bank of India, Agastyamuni, New Delhi Branch, New Delhi, and the same has been confirmed by the respondent No. 2/wife.

10.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 05.05.2025 and thus, no fruitful purpose will be served in continuing with the FIR. 11.

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 05.05.2025 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 12.

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.

13.

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.

14.

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

15.

Accordingly, FIR bearing No. 100/2022 registered at Police Station Neb Sarai, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed.

16.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 19, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.