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High Court of DelhiCRL.M.C./5875/2025

Raj Kumar And ORS v. The State Govt Of NCT Of Delhi And ANR.

2025-08-25Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5875/2025, CRL.M.A. 25082/2025 RAJ KUMAR AND ORS .....Petitioners Through:

Counsel for Petitioners (appearance not given) with Petitioners.

versus THE STATE GOVT OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Counsel for R2 (appearance not given) with R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 25.08.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.‟)/under 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. 181/2019 dated under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC‟) registered at Police Station Sarai Rohilla, New Delhi and all the consequential proceedings emanating therefrom, including the Charge-Sheet dated 03.06.2019, in view of the amicable Settlement dated 17.04.2025 between the parties.

2.

Issue Notice.

3.

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

4.

Brief facts of the case are that the marriage was solemnized between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner No.1/husband and the Respondent No. 2/wife on 24.04.2016, according to the Hindu rites and ceremonies and male child, namely, Priyansh was born out of the said wedlock. Due to some temperamental differences, the parties started living separately, however, now the parties are living together since last five months at H.No. 185, Room No. 303, Brahmin Mohilla, Bhoapur, Ghaziabad, UP.

5.

On the Complaint of the Respondent No.2/Complainant, FIR No.181/2019 under Section 498A/406/34 of IPC, got registered at Police Station Sarai Rohilla, New Delhi.

6.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioners. 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 17.04.2025, before the Mediation Centre, Tis Hazari Courts. In the Settlement, it was inter alia settled that the parties have decided to continue living together along with their son. It is also settled that the Petitioner No. 1 shall maintain the Complainant and the minor child and shall bear all the household expenses of the family. It is also settled that the Petitioner No. 1 shall pay Rs.1,000/- per month to the Complainant towards personal expenses. It is also agreed between the parties that the Complainant shall withdraw the Complaint under Section 12 of Protection of Women from Domestic Violence Act against the Petitioners.

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. Both the parties have entered into the Settlement voluntarily and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

without any fear and coercion and undertake to remain bound by the terms of the said Settlement. The parties have been identified by the Investigating Officers.

9.

Considering the nature of the allegations and that they have settled the matter, the FIR No. No.181/2019 under Section 498A/406/34 of IPC, registered at Police Station Sarai Rohilla, New Delhi and all the consequential proceedings emanating therefrom including the Charge-Sheet dated 03.06.2019, is quashed.

10.

The Petition is disposed of accordingly. Pending Application also stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 25, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.