GULSHAN KUMAR BATRA & ORS. vs THE STATE (NCT OF DELHI) & ANR.

Judgment text excerpt

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 07.07.2025 ,,,,,,,,,, + W.P.(CRL)2032/2025 GULSHAN KUMAR BATRA & ORS. .....Petitioners Through: Mr. Neeraj Rana, Advocate. All petitioners are physically present. versus THE STATE (NCT OF DELHI) & ANR. … Respondents Through: Mr. Sanjay Lao, Standing Counsel with Mr. Praiyam Aggarwal and Mr. Abhinav Kumar Arya, Advocates for State. Mr. Sachin Kaushik, Advocate for R-2. R-2 in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J. 1. This is a writ petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing ofFIR No. 0034/2020, dated 28.01.2020, registered at P.S Seelampur under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. W.P.(CRL) 2032/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:07.07.2025 18:29:34 2. The marriage between Petitioner No.1 and Respondent No.2was solemnized on29.04.2016 as per Hindu rites and ceremonies at Delhi. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 10.04.2018. Thereafter, Respondent No.2filed the following cases against the petitioners: i. FIR No. 0034/2020, dated 28.01.2020, registered at P.S Seelampur under sections 498A/406/34 IPC ii. Petition under section 12 DV Act iii. Execution petition bearing Ex. No. 214/23 iv. Petition under section 125 Cr.P.C. bearing Mt. no. 218/18 3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 19.07.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition fo