Joginder Kumar And ORS v. State Of Govt Of NCT And ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8311/2025, CRL.M.A. 34655/2025 JOGINDER KUMAR AND ORS.

.....Petitioners Through:

Mr. Akhilesh K. Srivastava, Mr. Sunil Kumar Pandey & Ms. Archana Joshi, Advocate with Petitioners in person.

versus STATE OF GOVT OF NCT AND ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State.

Mr. Ashok Kumar, Adv. for R-2 with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.11.2025 1.

Petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 ("BNSS") has been filed on behalf of the Petitioners for quashing of FIR No.0176/2019 under Sections 498A/406/34 IPC, registered at PS: Aman Vihar, Delhi and all consequential proceedings emanating therefrom, in terms of Mediation Settlement dated 27.04.2022.

2.

Learned APP for the State and learned Counsel for the Respondent No.2 appearing on advance Notice, accept Notice. 3.

Brief facts of the case are that the marriage between Petitioner No.1/husband and Respondent No.2/wife was solemnized on 05.06.2016, according to Hindu rites and ceremonies. No child was born out of the said wedlock. Due to temperamental issues, Petitioner No.1/husband and Respondent No. 2/wife are residing separately since 23.06.2016. 4.

It is further submitted that on 20.04.2019, on complaint of Respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.2, FIR No.0176/2019 under Sections 498A/406/34 IPC was registered at PS: Aman Vihar, Delhi.

5.

It is submitted that the FIR was a consequence of the matrimonial disputes between Petitioner No.1/husband and Respondent No.2/wife. It is stated that the Petitioners and Respondent No.2 have amicably settled all the disputes and differences between them vide Mediation Settlement dated 27.04.2022.

6.

The parties are present before this Court in-person today and have been identified by their learned Counsel.

7.

In the Settlement, it was inter alia settled between the parties that Respondent No.2/wife and Petitioner No.1/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955, from the Court of learned Principal Family Judge, Delhi. It is stated that Petitioner No.1/husband shall pay a sum of Rs.30,000/- and one gold chain & gold ring, towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of Respondent No. 2/wife. 8.

It is stated that Petitioner No.1/husband has already paid Rs.30,000/- to Respondent No.2/wife, which is acknowledged by her. 9.

It is also stated that on 27.05.2023, the marriage between Petitioner No.1/husband and Respondent No.2/wife, had been dissolved by mutual consent, as per the Hindu law.

10.

In view of Mediation Settlement dated 27.04.2022, present Petition has been filed.

11.

The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the Settlement.

12.

The parties have submitted that all the disputes have been amicably settled vide Mediation Settlement dated 27.04.2022 and thus, no fruitful purpose will be served in continuing with the FIR. 13.

The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of Mediation Settlement dated 27.04.2022 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 14.

Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed.

15.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 16.

Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

17.

Consequently, FIR No.0176/2019 under Sections 498A/406/34 IPC, registered at PS: Aman Vihar, Delhi and all consequential proceedings emanating therefrom are quashed.

18.

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

NOVEMBER 21, 2025/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.