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High Court of DelhiW.P.(CRL)/3489/2025

Ushmender Singh v. The State (NCT Of Delhi)

2025-10-28Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3489/2025 USHMENDER SINGH & ORS.

.....Petitioners Through:

Mr. Daksh Dhankhar, Mr. Mohit Sehrawat and Mr. R. K. Lamba, Advs.

with Petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Amol Sinha, ASC with Mr.Kshitiz Garg, Mr. Nitish Dhawan, Ms. Chavi Lazarus and Mr. Manan Wadhwa, Advs. with SI Ramesh Kumar, PS:

Mundka Mr. Intkhab Alam, Advocate with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 28.10.2025 CRL.M.A. 31693/2025 1.

Exemption allowed, subject to all just exceptions. 2.

Application is disposed of.

W.P.(CRL) 3489/2025 3.

Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been filed on behalf of the Petitioners for quashing of FIR No.0311/2024 under Sections 498A/406/34 IPC, registered at PS: Mundka, Delhi and all consequential proceedings emanating therefrom, in terms of Oral Settlement between the parties, which also finds mention in Order dated 27.09.2025 passed by learned Judge, Family Court-02, West District, Tis Hazari Court, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi.

4.

Learned APP and learned Counsel for Respondent No. 2 appearing on advance Notice, accept Notice.

5.

Brief facts of the case are that the marriage between Petitioner No.1/husband and the Respondent No.2/wife was solemnized on 08.02.2019, according to the Hindu rites and ceremonies. Two children born out of the said wedlock. Due to temperamental issues, Petitioner No.1/husband and Respondent No.2/wife are residing separately since 26.12.2022. 6.

It is further submitted that on 27.03.2024, on Complaint of Respondent No. 2, FIR No.0311/2024 under Sections 498A/406/34 IPC was registered at PS: Mundka, Delhi.

7.

It is submitted that present FIR was a consequence of the matrimonial disputes between Petitioner No.1/husband and Respondent No. 2/wife. It is stated that with the intervention of family members, relatives and well wishers, the Petitioners and Respondent No. 2 have amicably settled all the disputes and differences between them vide Oral Settlement. 8.

The parties are present in the Court and have been identified by the IO. The parties submit that they have arrived at the settlement without any force, coercion and undue influence and pressure with their wish and will. 9.

Learned Counsel for the Petitioners submits that the parties have been happily living together for the last two months, since July, 2025 and have no grievance against each other. Since Respondent No. 2 has already made a statement before the Court that she does not want to pursue the proceedings in FIR, the present Petition be allowed and FIR No.0311/2024 be quashed. 10.

In view of Oral Settlement, present Petition has been filed. 11.

Respondent No.2 is present and submits that she has no grievance The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

against the Petitioners and also no objection to the quashing of FIR. She affirms that she is happily living together with Petitioner No.1. 12.

In view of the fact that the FIR in question was premised upon a matrimonial dispute between Petitioner No.1/husband and Respondent No.2/ wife, which has been amicably resolved in terms of Oral Settlement. Considering the fact that parties have been living together for last two months and Respondent No.2 has also given no objection to the quashing of FIR, no fruitful purpose would be served in continuing with the proceedings arising out of the FIR.

13.

Consequently, FIR No.0311/2024 under Sections 498A/406/34 IPC, registered at PS: Mundka, Delhi and all consequential proceedings emanating therefrom are quashed.

14.

The Petition along with pending Application is disposed of. NEENA BANSAL KRISHNA, J.

OCTOBER 28, 2025/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.