SH RANA MUKHARJEE AND ANR vs THE STATE OF NCT DELHI

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08.07.2025 ,,,,,,,,,, + CRL.M.C. 4412/2025 SH. RANA MUKHARJEE & ANR. .....Petitioners Through: Petitioners in person. versus THE STATE OF NCT DELHI … Respondents Through: Mr. Hitesh Vali, APP. SI Ekta, PS-Sector 21, Dwarka, SI Sangeeta Malik, PS- Bindapur. Mr. B.K. Pandey and Ms. Pragati Kumari, Advocates for R-2. Respondent No. 2 in person. 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. 0470/2022, dated 24.06.2022, registered at P.S Binda Pur under sections 498A/406/34 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 24.11.2008 as per Hindu rites and ceremonies at CRL.M.C. 4412/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:08.07.2025 19:12:35 Ghaziabad. A daughter namely Aaditri was born on 10.05.2012 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since July 2021. Thereafter, Respondent No.2 filed the following cases against Petitioner No.1 and his family members: i. FIR No. 0470/2022, dated 24.06.2022, registered at P.S Binda Pur under sections 498A/406/34 IPC ii. Complaint case under section 12 of DV Act bearing MC no. 533/21 iii. Maintenance case bearing Mt. case no. 285/2022 The Petitioner No.1 filed a criminal case bearing MC no. 5051/2022 and a guardianship case bearing GP no. 58/21 against the Respondent No.2. The charge sheet was filed under sections 498A/406/34 IPC. 3. During the proceedings, the parties amicably reso