K K MASIH & ORS. vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22.12.2025 ,,,,,,,,,, + CRL.M.C. 9171/2025 K K MASIH & ORS. .....Petitioners Through: Mr. Pratik Sharma, Adv. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Aashneet Singh, APP with SI Sumit, PS Subzi Mandi. Mr. Shiv Kumar Gautam and Mr. Rohit Gupta, Advs. for R-2. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J. 1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 44/2019, dated 04.03.2019, registered at P.S Subzi Mandi, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 2 and Respondent no. 2/complainant was solemnized on 21.01.2013 as per Christian Rites and ceremonies. CRL.M.C. 9171/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:22.12.2025 19:06:16 One child was born out of the said wedlock. Due to temperamental differences Petitioner no. 2 and Respondent no. 2 have been living separately since 05.04.2017. 3. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the Petitioners. Chargesheet has since been filed under sections 498A/406/34 IPC against the petitioners. 4. During the course of proceedings, the parties amicably resolved their disputes before and the terms of the compromise were reduced into writing in the form of a Memorandum of Understanding/ Settlement Deed dated 24.02.2025. It is submitted that respondent no. 2 and has obtained an ex-parte decree of divorce vide judgment dated 13.01.2023 from petiti