TARUN KUMAR & ORS. vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27.05.2025 + CRL.M.C. 157/2025 & CRL.M.A. 849/2025 STAY, CRL.M.A. 850/2025EXEMPTION FROM FILING CERTIFIED COPIES ETC. TARUN KUMAR & ORS. .....Petitioners Through: Mr. Ishvinder Singh, Adv. along with petitioners in person through VC. versus STATE OF NCT OF DELHI & ANR. … Respondents Through: Mr. Satinder Singh Bawa, APP for the State with ASI Pushpa Rani, PS Najafgarh. Ms. Pooja Marwaha & Mr. Mohinder Mangla, Advs. for R- 2 along with R-2 in person 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. 0175/2023, dated 06.05.2023, registered at P.S Najafgarh under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. CRL.M.C. 157/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:28.05.2025 10:59:59 2. The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 19.04.2022 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 23.08.2022. Thereafter, Respondent No.2 filed a petition under section 12 of the 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 MoU/Settlement Deed dated 23.09.2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Section 13B(1) of the Hindu Marri