Devi Prasad & ORS. v. The State (NCT Of Delhi) & ANR.
$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8631/2025 DEVI PRASAD & ORS.
.....Petitioners Through:
Mr. Ankit Rai and Ms. Sujata, Advocates with Petitioners in person.
versus THE STATE (NCT OF DELHI) & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State with SI Sunil, PS: Adarsh Nagar.
Mr. Abhishek Sharma, Adv. for R-2 with Respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 03.12.2025 1.
Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 („BNSS‟) has been filed on behalf of the Petitioners, for quashing of FIR No.0490/2021 under Sections 498A/406/34 IPC, registered at PS: Adarsh Nagar, Delhi and all consequential proceedings emanating therefrom, in terms of Settlement Deed dated 05.03.2025.
2.
Learned APP for the State and learned Counsel for 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 the Respondent No.2/wife was solemnized on 22.04.2003, according to the Hindu rites and ceremonies. Two children were born out of the said wedlock. Due to temperamental issues, Petitioner No.1/husband and Respondent No.2/wife are residing separately since the year 2020. 4.
It is further submitted that on 25.08.2021, 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.0490/2021 under Sections 498A/406/34 IPC was registered at PS: Adarsh Nagar, Delhi.
5.
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 Settlement Deed dated 21.07.2025.
6.
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 and they have signed the Settlement dated 21.07.2025 with their wish and will. 7.
Learned Counsel for Petitioners submits that the parties have been happily living together for the last nine months, since 05.03.2025 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.0490/2021 be quashed. 8.
In view of Settlement Deed dated 21.07.2025, present Petition has been filed.
9.
Respondent No.2 is present and submits that she has no grievance against the Petitioners and also no objection to the quashing of FIR. She affirms that she is happily living together with Petitioner No.1. 10.
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 Settlement dated 21.07.2025. Considering the fact that parties have been living together for last The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
11.
Consequently, FIR No.0490/2021 under Sections 498A/406/34 IPC, registered at PS: Adarsh Nagar, Delhi and all consequential proceedings emanating therefrom are quashed.
12.
The Petition along with pending Application is disposed of. NEENA BANSAL KRISHNA, J.
DECEMBER 3, 2025/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.