VIVEK KUMAR & ANR. vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22.04.2025 + CRL.M.C. 9341/2024 VIVEK KUMAR & ANR. .....Petitioners Through: Mr. Ashish Sharma, Adv. Petitioners in person. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Priyanka Dalal, APP for the State with SI Pretam, ASI Sunita, P.S.Mohan Garden. Mr. Vineet Mudgal and Ms. Sheepali Parial, Adv. for the complainant with complainant in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. CRL.M.A. 35824/2024 EXEMPTION Allowed, subject to all just exceptions. The application stands disposed of. CRL.M.C. 9341/2024 Page 1 of 4 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:23.04.2025 18:25:37 CRL.M.C. 9341/2024 1. This is a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 0018/2023, dated 13.01.2023, registered at P.S Mohan Garden under sections 498/406/34 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 27.02.2020 as per Hindu rites and ceremonies. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately from 22.07.2022. Thereafter, the Respondent No.2 filed a petition under DV Act and a complaint which culminated into the aforesaid FIR against Petitioner No. 1 and his family members. 3. During the pendency of the proceedings, the parties have amicably settled their disputes/claims vide Settlement Deed dated 11.09.2024. In pursuance of the Settlement, the parties filed a fresh petition for divorce by mutual consent under section 13B of the Hindu Marriage Act, 1955 which was al