Tushar Srivastava & ORS. v. State (NCT Of Delhi) & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 166/2025 TUSHAR SRIVASTAVA & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.

Naresh Gupta Ms. Nikita Gupta, Advs.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Rajkumar, APP for the State.

Complainant with her counsel Mr.

Amandeep Singh, Mr.

Gaurav Chabbra and Mr. Pawan Kant Singh, Advs.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 17.02.2025 1.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter 'BNSS') has been filed on behalf of the petitioners, seeking quashing of FIR No.221/2024, dated 05.03.2024, registered under Sections 498-A/406/34 of the Indian Penal Code, 1860 (hereafter 'IPC') at Police Station Shahbad Dairy, (District North), Delhi. 2.

Issue notice. The learned APP for the State and Mr. Amandeep Singh, Advocate for respondent no. 2, accept notice. 3.

Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 28.04.2021 as per Hindu rites. The marriage was duly consummated between the parties, however, no child was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

born out of the said wedlock. It is stated that due to temperamental differences between the parties, the present FIR came to be registered. Subsequently, the matter was settled between the parties before the Mediation Cell, Rohini Court, Delhi and a settlement deed dated 26.07.2024 has been placed on record. The parties have now decided to quash the FIR.

4.

The petitioners as well as respondent no. 2 are present before this Court and have been identified by their respective counsel and Investigating Officer (IO) from Police Station Shahbad Dairy, Delhi. 5.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties before Mediation Cell, Rohini Court, Delhi.

6.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 7.

Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed. 8.

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, I am of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

9.

Accordingly, FIR No.221/2024, dated 05.03.2024, registered at Police Station Shahbad Dairy, (District North), Delhi under Sections 498-A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 17, 2025/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.