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High Court of DelhiW.P.(CRL)/3802/2025

Jitender Kumar & ORS. v. State Govt. Of NCT Delhi & ANR.

2025-11-19Hon'Ble Mr. Justice Vikas Mahajan4 pages

$~137 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3802/2025 & CRL.M.A. 34316/2025 (delay of 42 days in re-filing the petition) JITENDER KUMAR & ORS.

.....Petitioners Through:

Mr. Dalip Kumar, Adv versus STATE GOVT. OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Arya, Mr. Priyam Agarwal & Mr. Aryan Sachdeva, Advs. for State with SI Vinay, PS-Keshav Puram.

Mr. Anil Kumar & Mr. Deepen Kumar, Advs for Respondents.

Ms. Yogita, Adv for complainant/R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 19.11.2025 CRL.M.A. 34290/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 3802/2025 1.

The present petition has been filed under Article 226 of the Constitution of India, 1950 r/w Section 528 BNSS, 2023 seeking quashing of FIR No. 557/2017 under Sections 498A/323/341/354/354(B)/506/34 IPC registered at Police Station Keshav Puram, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

at a settlement.

2.

Issue notice.

3.

Mr. Sanjay Lao, learned Standing Counsel 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.

4.

The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer, SI Vinay, PSKeshav Puram. 5.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 21.05.2017 according to Hindu Rites and Customs. Out of the said wedlock, no child has been born out.

6.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 16.10.2017. The dispute between the parties also led to the registration of present FIR. 7.

During the pendency of the proceedings, the parties were referred to the learned Judge, Family Court, North West, Rohini Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 25.07.2024 which is annexed as Annexure P-2 to the present petition.

8.

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 obtained a decree of divorce dated 03.04.2025 which is annexed as Annexure P-3 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.

9.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 7 lakhs 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. 5 lakhs has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 2 lakhs has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Cheque bearing No. 633937 dated 23.09.2025 issued by Punjab National Bank, Trinagar, Delhi110035. 10.

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

11.

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

12.

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.

13.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.

Consequently, the present petition is allowed and the FIR No. 0557/2017 under Sections 498A/323/341/354/354(B)/506/34 IPC registered at Police Station Keshav Puram, Delhi alongwith all other proceedings emanating therefrom, is quashed.

15.

The petition alongwith pending application stands disposed of in the above terms.

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

16.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J NOVEMBER 19, 2025 sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.