Anjani Kumar Singh & ORS. v. State Through Station House Officer (Sho) & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1496/2025 & CRL.M.A. 13844-13845/2025 ANJANI KUMAR SINGH & ORS.

.....Petitioners Through:

Mr. Vibhor Verdhan and Ms. Jyoti Parihar, Advocates for P-1 (through VC) with petitioner no. 1 in person versus STATE THROUGH STATION HOUSE OFFICER (SHO) & ANR. .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel with Mr.

Abhinav Kumar and Mr. Aryan Sachdeva, Advocates for the State alongwith SI Gaurav, P.S.

Dwarka North Mr. Anuj Kumar, Advocate for R-2 along with R-2 (through VC)

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 14.05.2025 1.

The Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioners for quashing of FIR No. 0746/2022 dated 01.11.2022 under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at Police Station Dwarka North and all the proceedings emanating therefrom.

2.

Issue Notice.

3.

Learned Counsel appearing on advance Notice, accepts Notice on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

behalf of the State.

4.

Brief facts of the case are that the marriage was solemnized between Petitioner No. 1 and Respondent No. 2 on 05.07.2018, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Petitioner No. 1 and Respondent No. 2 are living separately since 25.08.2018.

5.

It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Mediation Settlement dated 26.06.2024. In terms of the said Settlement dated 26.06.2024, the Statement of the parties have already been recorded. In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.3,50,000/- 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 the Respondent No. 2/wife, in three instalments. It is also stated that the Petitioner No.

1 shall pay first instalment of Rs.2,00,000/- to Respondent No. 2/wife, at the time of recording of statements of both the parties in First Motion Petition under Section 13-B (1) of the Hindu Marriage Act, 1955 and the second instalment of Rs.1,00,000/- shall be paid to the Respondent No. 2, at the time of recording of statements in Second Motion Petition under Section 13-B(2) of the Hindu Marriage Act, 1955 and the third and final instalment, at the time of quashing of present FIR.

6.

It is stated that the Petitioner has already paid two instalments amounting to Rs.3,00,000/- to the Respondent No. 2, to which the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent No. 2 has no objection.

7.

It is also stated that on 19.07.2024, the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved as per the Hindu law.

8.

In view of the Settlement dated 26.06.2024, the present Petition has been filed.

9.

The parties are present before this Court in-person today and have been identified by their learned counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. The parties have undertaken to remain bound by the terms of the Settlement.

10.

The parties have submitted that all the disputes have been amicably settled vide Settlement dated 26.06.2024 and thus, no fruitful purpose will be served in continuing with the FIR.

11.

The present Petition has been signed by the Petitioner No.1 and is supported by his Affidavit. The parties have reaffirmed the terms of the settlement arrived at vide Settlement dated 26.06.2024 and they also submit that the said Settlement dated 26.06.2024 has been arrived at between the parties, without any pressure and coercion.

12.

Today, the Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

13.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 14.

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

15.

Accordingly, FIR No. 0746/2022 dated 01.11.2022 under Sections 498A/406/34 of the IPC, registered at Police Station Dwarka North and all consequential proceedings emanating therefrom are quashed. 16.

The Petition, along with pending Application, stands disposed of. NEENA BANSAL KRISHNA, J MAY 14, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.