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High Court of DelhiCRL.M.C./6085/2025

Sahil Oberoi & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

2025-09-01Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6085/2025 SAHIL OBEROI & ORS.

.....Petitioners Through:

Mr. Sandeep Chatterjee, Advocate with Petitioners.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr. Ujjval Gupta, Mr. Joel and Mr.

Sheeshpal, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 01.09.2025 CRL.M.A. 25902/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 6085/2025 3.

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.007/2024 dated 28.02.2024 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Crime (Women) Cell, Nanakpura, Delhi and all the consequential proceedings emanating therefrom, on the basis of the Settlement dated 26.10.2024.

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 has appeared and accepted 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 15.01.2020, according to the Hindu rites and ceremonies and one child, Naisha Oberoi was born out of the said wedlock. The parties started living separately from each other since 27.05.2022.

7.

On the Complaint of the Respondent No.2/Complainant, FIRNo.0007/2024 dated 28.02.2024 under Section 498A/406/34 of IPC, got registered at Police Station Crime (Women) Cell, Nanakpura, Delhi. 8.

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.1and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 26.10.2024, before the Counselling Cell, Family Courts. 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.31,00,000/- 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. It is settled that the custody of the child shall remain with the Respondent No.2. It is also settled between the parties that they shall not file any case/Complaint against each other or their family members and relatives.

9.

Today, the Respondent No. 2/wife, who is present in the Court, states The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 05.07.2025, the marriage between the Petitioner No.1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

11.

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. 12.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 0007/2024 dated 28.02.2024 under Section 498A/406/34 of IPC, got registered at Police Station Crime (Women) Cell, Nanakpura, 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 SEPTEMBER 1, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.