Indresh Chandra Dwivedi & ORS. v. The State NCT Of Delhi & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6141/2025 INDRESH CHANDRA DWIVEDI & ORS.

.....Petitioner Through:

Aditya Rajeshwar with Jayanti Shastri versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr Rahul Mishra Mr. V.V. Arya Pushpendu Sukla, Mr. Iftikhar Alam and Ms. Nisha Raj, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 01.09.2025 CRL.M.A. 26088/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 6141/2025 3.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (old 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.292/2024 under Section 498-A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Sonia Vihar, Delhi and all the consequential proceedings emanating therefrom, on the basis of the Settlement Deed dated 07.01.2025.

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

4.

Issue Notice.

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 09.02.2023, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Due to temperamental differences, both the parties started living separately from each other since October, 2023. 7.

On the Complaint of the Respondent No.2/Complainant, FIR No.292/2024 under Section 498-A/406/34 of IPC, got registered at Police Station Sonia Vihar, 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.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 07.01.2025, before the Mediation Centre, Karkardooma Courts, Delhi. 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.2,50,000/-, 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 settled between the parties that they shall not litigate in future against each other qua this marriage. 9.

It is stated that the Petitioner No.1 has already paid Rs.1,00,000/- to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent No. 2, at the time of recording of statement in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955; the second instalment in the sum of Rs.1,00,000/- has already been paid by the Petitioner No.1, to the Respondent No. 2, at the time of recording of statement in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act. 10.

The Petitioner No. 1 has handed over a Demand Draft of Rs.50,000/- i.e. the balance amount, dated 08.08.2025, in favour of Pooja Tiwari, drawn from Kotak, New Delhi, Daryaganj, to the Respondent No. 2, in the Court 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.

11.

It is also stated that on 22.05.2025, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

12.

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. 13.

Considering the nature of the allegations and that they have settled the matter, the FIR No.292/2024 under Section 498-A/406/34 of IPC, registered at Police Station Sonia Vihar, Delhi and all the consequential proceedings emanating therefrom are quashed.

14.

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.