KAMAL KUMAR GAUTAM vs STATE (THROUGH SHO PS DWARKA NORTH) & ANR.

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.07.2025 + CRL.M.C. 722/2025 & Crl.M.A. 3436/2025 KAMAL KUMAR GAUTAM .....Petitioner Through: In person with Mr. Sarvesh Kumar Mishra, Advocate Versus STATE (THROUGH SHO PS DWARKA NORTH) & ANR. .....Respondent Through: Mr. Raghuinder Verma, Additional Public Prosecutor for State with IO Respondent No.2 in person CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR ORDER % 07.07.2025 SHALINDER KAUR, J (ORAL) 1. The present petition Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (under Section 482 Cr.P.C.) has been filed by the petitioner seeking to quash the FIR No. 647/2021, under Section 498A of the Indian Penal Code, 1860, registered at Police Station Dwarka North, New Delhi (“subject FIR”) and all other proceedings emanating therefrom. Signature Not Verified Digitally Signed CRL.M.C. 722/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:08.07.2025 14:43:46 2. Learned counsel for petitioner submits that petitioner No.1 is the ex-husband of the respondent No.2. 3. It is submitted that marriage of petitioner with respondent No.2 was solemnized on 02.12.2003. Two sons were born out of this wedlock on 30.07.2008 and 19.02.2016. Due to temperamental differences, both started living separately since 08.07.2021. The parties entered into multiple litigations against each other. 4. On the complaint of respondent No.2, the subject FIR was registered against the petitioner. The parties were referred to the Principle Counsellor, Family Courts of South West District at Dwarka, Delhi where they arrived at an amicable and voluntary resolution of their disputes vide Settlement Agreement dated 20.01.2024. 5. In terms of the Settlement Agreement dated 20.01.2024, petitioner agreed to pay settlement amount of Rs.1,00,00,0