Mohit Jain & ORS. v. Govt Of NCT Delhi & ANR.

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9088/2025 MOHIT JAIN & ORS.

.....Petitioners Through:

Mr. Umesh Mishra, Adv.

versus GOVT OF NCT DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for State with SI Chinki Yadav and SI Parmeet Singh, PS. Adarsh Nagar.

Mr. Deepak Raj Singh, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 19.12.2025 CRL.M.A. 38047/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9088/2025 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.347/2023 under Sections 498A/506/323/34 IPC registered at Police Station Adarsh Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. Ms. Kiran Bairwa, learned APP for the State accepts notice.

5.

Petitioner no.1 (former husband), as well as, respondent no. 2 (former The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

wife), who are present in Court, have been identified by their respective counsels, as well as, by the Investigating Officer SI Chinki Yadav and SI Parmeet Singh, PS. Adarsh Nagar.

6.

The brief facts of the case are that the marriage between petitioner no.1 and respondent no. 2 was solemnized on 11.02.2010 according to Hindu Rites and Customs. From the said wedlock, two male children namely Master Yanik and Master Bhavik were born on 02.01.2011 on 24.12.2014 respectively, who are presently in the care and custody of petitioner no.1. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 25.04.2023. The dispute between the parties also led to the registration of present FIR. 8.

During pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 31.03.2025, which is annexed as Annexure P-3 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, petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 24.09.2025, which is annexed as Annexure P-4 to the present petition.

10.

It is a term of the settlement between the parties that petitioner no.1 shall pay a total sum of Rs. 30 lacs to 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. 20 lacs has already been paid by petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

remaining amount of Rs. 10 lacs has been paid to respondent no.2 today in the Court by petitioner no.1 by way of Demand Draft bearing No.055252 dated 12.12.2025 issued by IDFC First Bank.

11.

The receipt of entire amount of Rs. 30 lacs is acknowledged by respondent no.2, who is present in court.

12.

Respondent no.2, on a query posed by the Court, states that she 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 the FIR No.347/2023 under Sections 498A/506/323/34 IPC registered at Police Station Adarsh Nagar 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 19, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.