Nikhil Gulati v. State Of NCT Of Delhi & ANR.

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8516/2025 NIKHIL GULATI .....Petitioner Through:

Mr. Sanjay Madan, Advocate.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Richa Dhawan, learned APP for State with SI Pradeep, PS-Rani Bagh.

Mr. Punit Vinay and Mr. Prashant Bhati, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 01.12.2025 CRL.M.A. 35588/2025 and CRL.M.A. 35589/2025 1.

Allowed, subject to all just exceptions.

2.

Applications stand disposed of.

CRL.M.C. 1612/2025 3.

The present petition has been filed by petitioner under Section 528 BNSS (Old Section 482 Cr.P.C.) seeking quashing of FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

4.

Issue notice.

5.

Ms. Richa Dhawan, learned APP for the State accepts notice. 6.

The petitioner and respondent no.2 are present in Court and they have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been identified by Mr. Sanjay Madan, learned counsel appearing on behalf of petitioner and Mr. Punit Yadav, learned counsel for respondent no.2 as well as, by investigating officer SI Pradeep, PS-Malviya Nagar. 7.

The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 02.06.2013 according to Hindu Rites and Customs and a male child was born out of the said wedlock, who is in the care and custody of respondent no.2. However, on account of temperamental issues, certain disputes arose between the parties and they started living separately since 18.01.2016. The dispute between the parties also led to the registration of present FIR.

8.

During pendency of the proceedings with the intervention of their parents and relatives, parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 31.05.2025, copy of which is annexed as Annexure-P-4 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 and respondent no.2 have obtained a decree of divorce dated 24.09.2025 from the Principal Judge, Family Court, NorthWest District, Rohini, Delhi, which is annexed as Annexure-5 to the present petition.

10.

It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.10,50,000/- 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. 7,00,000/- has already been paid to respondent no.2 at the time of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

recording of first and second motion. Remaining amount of Rs. 3,50,000/- has been paid today to respondent no.2 by way of demand draft number 082174 dated 06.11.2025 issued by Bank of Baroda. 11.

The receipt of entire amount of Rs.10,50,000/- is acknowledged by the respondent no.2.

12.

On a query posed by the Court, respondent no.2 states that she does not wish to prosecute the 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 FIR No. 457/2016 under Sections 498A/406/34 IPC registered at P.S. Rani Bagh 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 DECEMBER 1, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.