SAHITYA SINGH SRIVASTAV & ORS. vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.04.2025 ,,,,,,,,,, + CRL.M.C. 8605/2024 SAHITYA SINGH SRIVASTAV & ORS. .....Petitioners Through: Mr. Pradeep Tyagi, Ms. Ridam Tyagi, Advocates with petitioner Nos. 1 and 2 in person and petitioner Nos.3 and 4 (through VC). versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Priyanka Dalal, APP with IO (appearance not given). Ms. Bhavya Bathla, Advocate for R-2 with respondent No.2 (through VC). CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. This matter is taken up today as 14.04.2025 was declared holiday on account of Ambedkar Jayanti. 1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 871/2022, dated CRL.M.C. 8605/2024 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.04.2025 10:40:10 14.06.2022, P.S Rani Bagh under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 14.05.2021 as per Hindu rites and ceremonies at Delhi. No child was born out of the wedlock. Due to temperamental differences, the couple started living separately from 28.08.2021. Thereafter, Respondent No. 2 filed petition under section 12 of the DV Act and also lodged the aforesaid FIR against Petitioner No. 1 and his family members. 3. During the proceedings, the parties were referred to mediation by the Family Court, Rohini Courts, Delhi where they amicably resolved their disputes and executed a Settlement Agreement dated 20.07.2024 and a Memorandum of Understanding dated 08.08.2024. In pursuance of the Settlement, the parties jointly filed a