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High Court of DelhiCRL.M.C./7762/2025

Deepak Kumar & ORS. v. State NCT Of Delhi & ANR.

2025-11-04Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~124 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7762/2025 CRL.M.A. 32497/2025 DEEPAK KUMAR & ORS.

.....Petitioners Through:

Mr. Anil and Mr. Pritam Patra, Advs.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP for State with SI Vikas Kumar, PS. Aman Vihar.

Ms. Sonika Tyagi, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 04.11.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.98/2023 under Sections 498A/406/34 IPC registered at Police Station Aman Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Issue notice. Ms. Richa Dhawan, learned APP for the State accepts notice. She 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. 3.

The petitioner no.1 (former husband), as well as, the respondent no. 2 (former wife), who is present in Court, have been identified by their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respective counsels, as well as, by the Investigating Officer SI Vikas Kumar, PS. Aman Vihar.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and the respondent no. 2 was solemnized on 08.12.2019 according to Hindu Rites and Customs. No child was born out of the said wedlock. 5.

On account of temperamental differences certain disputes arose between the parties and they started living separately w.e.f. 02.02.2020. The dispute between the parties also led to the registration of the present FIR. 6.

During the pendency of the proceedings, the parties have referred to the Counselling Cell, Family Courts, North-West, Rohini, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 20.11.2024, which is annexed as Annexure A/2 to the present petition.

7.

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 the respondent no.2 have obtained a decree of divorce dated 28.04.2025, which is annexed as Annexure A/3 to the present petition.

8.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 5.80 lacs 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 the said amount, a sum of Rs. 4 lacs has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settlement. The remaining amount of Rs. 1.80 lacs has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.000588 dated 24.10.2025 issued by HDFC Bank. 9.

The receipt of entire amount of Rs. 5.80 lacs is acknowledged by the respondent no.2, who is present in court.

10.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR in question is quashed. 11.

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.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.

Consequently, the petition is allowed and the FIR No.98/2023 under Sections 498A/406/34 IPC, registered at Police Station Aman Vihar alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. 15.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J NOVEMBER 4, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.