Christopher Satish Kumar ORS. v. The State NCT Of Delhi And ANR
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7037/2025 CHRISTOPHER SATISH KUMAR ORS.
.....Petitioners Through:
Mr.
Devender Mor, Adv.
with petitioner in person.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Ajay Vikram Singh, APP with SI Manju Radha PS Timarpur.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 07.11.2025 CRL.M.A. 29535/2025 (delay of 25 days in re-filing petition) 1.
The present application has been filed seeking condonation of delay of 25 days in re-filing the present petition. 2.
For the reasons mentioned in the application, the delay in re-filing the present petition is condoned.
3.
The application stands disposed of.
CRL.M.A. 29534/2025 (exemption) 4.
Allowed, subject to all just exceptions.
5.
Application stands disposed of.
CRL.M.C. 7037/2025 6.
The present petition has been filed under Section 482 CrPC 1973 read with Section 528 BNSS, 2023 seeking quashing of FIR No.0280/2022 under Sections 498A/406/34 IPC 1860 registered at Police Station Timarpur, Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
7.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
8.
Petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by the learned counsel for the petitioner, as well as, by the Investigating Officer SI Manju Radha PS Timarpur.
9.
The brief facts of the case are that the marriage between petitioner no.1 and respondent no. 2 was solemnized on 17.05.2013 according to Roman Catholic Christian Rites and ceremonies. From the said wedlock, one male child, namely, Valentino Francis was born, who is in the custody of respondent no.2.
10.
On account of temperamental issues, certain disputes arose between the parties and they started living separately w.e.f. 13.01.2021. The dispute between the parties also led to the registration of present FIR. 11.
During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of memorandum of understanding dated 07.06.2024, which is annexed as Annexure-B to the present petition.
12.
In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 09.09.2024, which is annexed as Annexure-C (colly) to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
present petition.
13.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.5,00,000/- to respondent no.2 towards full and final settlement of all her claims on account of permanent alimony, dowry articles, maintenance (past, present and future) etc. The entire amount of Rs.5,00,000/- stands already paid to the respondent no.2 in the manner as stated in the memorandum of understanding.
14.
The receipt of entire amount of Rs.5,00,000/- is acknowledged by respondent no.2, who is present in court.
15.
Respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
16.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
17.
It is thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
18.
Consequently, the petition is allowed and the FIR No.0280/2022 under Sections 498A/406/34 IPC registered at Police Station Timarpur, Delhi alongwith all other proceedings emanating therefrom, are quashed. 19.
The petition stands disposed of in the above terms. 20.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J NOVEMBER 7, 2025/N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.