SH. ARPIT TYAGI AND ORS vs STATE OF NCT OF DELHI AND ANR

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 03.07.2025 ,,,,,,,,,, + CRL.M.C. 1354/2025 SH. ARPIT TYAGI AND ORS .....Petitioners Through: Mr. Vimal Dubey, Mr. Bipin Kumar Sharma, Mr. Abhishek, Advocates. Petitioner Nos. 2 and 3 in person. Petitioner No. 1 through VC. versus STATE OF NCT OF DELHI AND ANR … Respondents Through: Mr. Satinder Singh Bawa, APP. SI Shyam, PS Hari Nagar. Mr. Rahul Sharma and Mr. K.B. Rao, Advocates for R-2. Respondent No. 2 along with her SPA 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. 0534/2022, dated 02.11.2022, registered at P.S Hari Nagar under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. CRL.M.C. 1354/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:03.07.2025 17:59:45 2. The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 25.11.2020 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 May 2022. Thereafter, Respondent No.2 filed complaint under section 12 of DV Act and also lodged the aforesaid FIR against Petitioner No.1 and his family members. The charge sheet was filed under sections 498A/406/34 IPC. 3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 24.10.2024. 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 Co