MANISH KUMAR LAMBA & ORS. vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28.05.2025 ,,,,,,,,,, + CRL.M.C. 2949/2025 MANISH KUMAR LAMBA& ORS. .....Petitioners Through: Petitioner No. 1 in person Mr. Sumit Solanki & Mr. Ashish Solanki, Advs. P-2, 3 & 5 through VC versus STATE OF NCT OF DELHI & ANR. … Respondents Through: Mr. Satinder Singh Bawa, APP with W/SI Neelu, PS Dwarka North R-2 is present 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. 0319/2021, dated 17.04.2021, registered at P.S Bindapur 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 30.01.2020 as per Hindu rites and ceremonies at Delhi. No child was born out of the said wedlock. It is submitted that CRL.M.C. 2949/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:36:41 due to temperamental differences, the couple started living separately since 16.04.2020. Thereafter, Respondent No.2 filed a petition under section 12 of the DV Act, an execution petition bearing No. 227/2023, a maintenance petition bearing No. 390/2020 and also lodged the aforesaid FIR against Petitioner No. 1 and his family members. 3. During the proceedings, the parties amicably resolved their disputes and executed a MoU/Settlement Deed dated 19.04.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consentunder Section 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, South-West, Dwarka Courts allowed the mutual divorce petition