SAURABH KUMAR & ORS. vs STATE NCTOF DELHI & ANR.

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18.07.2025 CRL.M.C. 3028/2025, CRL.M.A. 13460/2025 SAURABH KUMAR & ORS. .....Petitioners Through: Ms. Khyati Jain, Adv. versus STATE NCTOF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with SI Kushank, PS Swaroop Nagar. Respondent no. 2 in person. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 385/2019, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at police station Swaroop Nagar, Delhi and all consequential proceedings arising therefrom. 2. The learned counsel for the petitioners submits that the petitioner no.1 is the husband of respondent no.2 and their marriage Signature Not Verified Digitally Signed CRL.M.C. 3028/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:22.07.2025 14:43:50 was solemnized on 08.12.2016, in accordance with the Hindu rites and customs at Delhi and no child was born out of the said wedlock.. However, owing to certain misunderstandings, the parties started living separately since 12.07.2017. 3. The learned counsel submits that the marriage of the parties suffered an irretrievable breakdown, attributable to the temperamental incompatibility between petitioner no.1 and respondent no.2. He submits that, it is this matrimonial dispute that resulted in the registration of the present FIR and filing of litigations by respondent no.2. 4. He submits that during the pendency of litigation, with the intervention of the family members, well-wishers and mutual acquaintances, they arrived at an amicable settlement to resolve their disputes vide MOU dated