NITIN & ORS. vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 02.07.2025 ,,,,,,,,,, + CRL.M.C. 550/2025 SH. NITIN & ORS. .....Petitioners Through: Mr. Rachit Khandelwal, Ms. Sonia Khandelwal, Advs. along with petitioner nos.1,2 and 5. versus STATE (NCT OF DELHI) AND ANR. … Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI Mohit, PS- Bawana. Mr. Rahul Dhamija, Adv. for R2 along with R2 through VC. 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. 0724/2022, dated 17.09.2022, registered at P.S Bawana under sections 498A/406/354/34 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 16.02.2021 as per Hindu rites and ceremonies at CRL.M.C. 550/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:02.07.2025 18:19:03 Delhi. No child was born out of the said wedlock. It is submitted that due to temperamental differences, the Respondent No.2 lodged the aforesaid FIR against the petitioners. The Petitioner no.1 filed a petition for dissolution of marriage under section 13 HMA. 3. During the proceedings, the parties have amicably resolved their disputes and executed a Compromise/Settlement Deed dated 16.02.2023. 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 14.02.2024, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. It is submitted that