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High Court of DelhiCRL.M.C./7436/2025

Santosh Kumar & ORS. v. The State Govt Gnct Of Delhi & ANR.

2025-11-20Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7436/2025 SANTOSH KUMAR & ORS.

.....Petitioners Through:

Mr. B.D. Sharma, Advocate.

versus THE STATE GOVT GNCT OF DELHI & ANR. .....Respondents Through:

Mr. Ajay Vikram Singh, APP for State with SI Vikram Singh, PS-Welcome.

Mr. Manoj Kumar, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.11.2025 CRL.M.A. 31157/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 7436/2025 3.

The present petition has been filed under Section 582 of BNSS (Section 482 Cr.P.C.) seeking quashing of FIR No. 430/2022 under Sections 498A/406/34 IPC & 3/4 of Dowry Prohibition Act, 1961 Act registered at P.S. Welcome and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement. 4.

Issue notice. The learned APP for the State accepts notice. 5.

The petitioner no.1 is present in Court, while respondent no.2 is present through VC. They have been identified by their respective counsels. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner nos. 3 to 5 are not present. Their presence is exempted. 6.

The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 23.02.2017 according to Hindu Rites and Customs and one girl child, namely Prakriti was born out of the said wedlock.

7.

On account of temperamental issues, certain disputes arose between the parties and they started living separately since 15.08.2019. The dispute between the parties also led to the registration of the present FIR. 8.

During the pendency of the proceedings due to the intervention of respectable family members, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 10.02.2025, copy of which is annexed as Annexure-P2 to the present petition.

9.

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, the petitioner no.1 and respondent no.2 have filed the first motion under Section 13(B) of the Hindu Marriage Act, 1955. 10.

It is a term of the settlement between the parties that the petitioners shall pay a total sum of Rs.5,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of which Rs.2,00,000/- and Rs.1,50,000/- has been paid to respondent no.2 at the time of recording of first motion and second motion respectively. Balance amount of Rs.1,50,000/- has been paid today in the Court by way of demand draft bearing no. 559963 dated 11.11.2025 issued by Yes Bank. 11.

The receipt of entire amount of Rs.5,00,000/- is acknowledged by 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, who is present in court.

12.

The respondent no.2, on a query posed by the Court, states that she does not wish to prosecute criminal proceedings any further and has no objection in case the FIR is quashed.

13.

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.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.

Consequently, the petition is allowed and the FIR No. 430/2022 under Sections 498A/406/34 IPC & 3/4 of Dowry Prohibition Act registered at P.S. Welcome alongwith all other proceedings emanating therefrom, is quashed.

16.

The petition stands disposed of in the above terms. 17.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J NOVEMBER 20, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.