VISHWAJEET SARKAR & ORS. vs THE STATE GOVT. (N.C.T. OF DELHI & ANR.

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11.07.2025 ,,,,,,,,,, + CRL.M.C. 1976/2025 & CRL.M.A. 8877/2025EXEMPTION VISHAWJEET SARKAR & ORS. .....Petitioners Through: Mr. Rajendra Singh, Adv. along with petitioner no.1 in person. versus THE STATE GOVT. (NCT OF DELHI & ANR) … Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI Dhiraj Singh, PS-Shalimar Bagh. Ms. Aastha Dhankar, Adv. for R2 through VC. R2 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. 0343/2015, dated 14.03.2015, registered at P.S Shalimar Bagh 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 09.07.2012 as per Hindu rites and ceremonies. It is CRL.M.C. 1976/2025 Page 1 of 3 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:14.07.2025 11:26:54 submitted that due to temperamental differences, the couple started living separately since 12.09.2014. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No.1 and his family members. It is submitted that the parties are living together again as husband and wife since 2019. A girl child namely Priti Sarkar was born on 21.11.2019 out of the said wedlock. 3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 14.01.2025. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn. The copy of Settlement Deed dated 14.01.2025 has been placed on record as Annexure P-4. 4. Petition