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High Court of DelhiCRL.M.C./6657/2025

Sandeep Rawat And ORS v. State NCT Of Delhi And ANR

2025-12-05Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6657/2025 SANDEEP RAWAT AND ORS .....Petitioner Through:

Ms. Minaxi Negi & Ms. Rangoli, Advs. with Petitioner.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Sourabh Aggarwal, Adv. for R-2 with R2.

Mr. Shoaib Haider, APP for the State with SI Shweta, PS Tilak Nagar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 05.12.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.') read with 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.323/2023 under Section 406/498A/34 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC') registered at Police Station Tilak Nagar and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 06.08.2024.

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 30.11.2006, according to the Hindu rites and ceremonies and two female children, namely, Harshita Rawat and Tanvi Rawat were born out of the said wedlock on 11.01.2009 and 25.10.2014 respectively. The parties are living separately from each other since 01.12.2021.

5.

On the Complaint of the Respondent No.2/Complainant, FIR No.323/2023 under Section 406/498A/34 of IPC, got registered at Police Station Tilak Nagar.

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 Memorandum of Settlement (MOU) dated 06.08.2024, before the Delhi Mediation Centre, Tis Hazari 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 also settled between the parties that they shall not file any case, complaint or litigation against each other in future pertaining to the present marriage. It is also settled between the parties that the custody of the children shall remain with the Respondent No. 2/Complainant. Today, the Respondent No. 2/wife, who is present in the Court, states that she has no objection if the FIR is quashed. 8.

It is also stated that on 18.02.2025, the marriage between the Petitioner No.1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

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

9.

Both the parties have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

10.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 323/2023 under Section 406/498A/34 of IPC, registered at Police Station Tilak Nagar 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 children.

11.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J DECEMBER 5, 2025/ng The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.