HAPPY SINGH AND ANOTHER vs STATE OF N.C.T. OF DELHI AND ANOTHER

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26.05.2025 ,,,,,,,,,, + CRL.M.C. 3498/2025 HAPPY SINGH AND ANOTHER .....Petitioners Through: Mr. Faiz Imam,Adv. along with petitioner no.1 and petitioner no.2 in person. versus STATE OF N.C.T. OF DELHI AND ANOTHER … Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI HR Choudhary, PS-Gandhi Nagar. Mr. M. Ayub Khan, Adv. for R2 along with 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. 0133/2017, dated 15.04.2017, registered at P.S Gandhi Nagar 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 22.11.2015 as per Hindu rites and ceremonies at Delhi. No child was born out of the said wedlock. It is submitted that CRL.M.C. 3498/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:27.05.2025 11:28:59 due to temperamental differences, the couple started living separately since 03.12.2016. Thereafter, Respondent No.2 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 Compromise/Settlement Deed dated 04.12.2023. 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. It is submitted that the learned Family Court, Karkardooma Courts allowed the mutual divorce petition on 09.08.2024, there