AJAY KUMAR JHA vs THE STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 03.07.2025 ,,,,,,,,,, + CRL.M.C. 4236/2025 AJAY KUMAR JHA .....Petitioner Through: Mr. Ashwani Kumar, Adv. along with petitioner in person. versus THE STATE NCT OF DELHI & ANR. … Respondents Through: Mr. Hitesh Vali, APP for the State with SI Sanjeev Khokhar, Main IO and SI Mamta, PS- Dabri. Respondent no.2 in person. 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, 2023, seeking quashing of FIR No. 0492/2018, dated 11.09.2018, registered at P.S Dabri under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. The marriage between Petitioner and Respondent No.2 was solemnized on 21.04.2014 as per Hindu rites and ceremonies at Bihar. One boy namely Atharva Jha was born on 13.06.2015 out of the said CRL.M.C. 4236/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:03.07.2025 17:37:40 wedlock. It is submitted that due to temperamental differences, the couple started living separately since 05.08.2015. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner and his family members. The charge sheet was filed under sections 498A/506/406/34 IPC. 3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 30.01.2025. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, Dwarka Courts allowed the mutual divorce petition on 21.05.2025, thereby dissolving the marriage between the Petitioner and Respondent No.2. It i