Arun Prakash v. State Of NCT Of Delhi & ANR.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6047/2025 ARUN PRAKASH .....Petitioner Through:

Counsel for Petitioner (appearance not given) versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Abha Sharma, Advocate for R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 28.08.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), has been filed on behalf of the Petitioner, for quashing of FIR No.117/2021 dated 20.03.2021 under Section 406/498-A and 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') (Section 316(2), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Karol Bagh, Delhi and all the consequential proceedings emanating therefrom, on the basis of the Settlement Deed dated 04.09.2023. 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 Petitioner No.1/husband and the Respondent No. 2/wife on 18.01.2015, according to the Hindu rites and ceremonies and no child was born out of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the said wedlock.

5.

On the Complaint of the Respondent No.2/Complainant, FIR No.117/2021 dated 20.03.2021 under Section 406/498-A and 34 of IPC and (Section 316(2), 85 and 3(5) of B.N.S, got registered at Police Station Karol 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 Order dated 04.09.2023 of this Court in MAT.APP.(F.C.) 248/2023. In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner/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.25,00,000/- 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, in three instalments. It is also stated that the Petitioner No.1 shall pay first instalment of Rs. 10,00,000/- to Respondent No. 2/wife, at the time of recording of Statements of both the parties under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment of Rs.10,00,000/- shall be paid by the Petitioner No.1 to the Respondent No. 2, at the time of recording of Statements under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third instalment of Rs.5,00,000/- shall by paid by the Petitioner No.1 to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also settled between the parties that the Respondent No. 2 shall withdraw the Complaint No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4858/2020, Crl. Case No. 12028/2022 and Execution Petition No. 20/2023. 7.

It is stated that the Petitioner No. 1 has already paid Rs.20,00,000/- to the Respondent No. 2/wife. The Petitioner No. 1 has handed a Demand Draft bearing No. 713317, dated 28.08.2025, drawn from IDFC First Bank, in favour of Mansi Sharma, for a sum of Rs.5,00,000/- i.e. the balance amount, to the Respondent No. 2, in the Court today, which is accepted by the Respondent No. 2.

8.

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

9.

It is also stated that on 14.08.2024, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

10.

The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement. 11.

Considering the nature of the allegations and that they have settled the matter, the FIR No.117/2021 dated 20.03.2021 under Section 406/498-A and 34 of IPC and (Section 316(2), 85 and 3(5) of B.N.S, registered at Police Station Karol Bagh, Delhi and all the consequential proceedings emanating therefrom are quashed.

12.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J AUGUST 28, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.