YOGESH KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0343/2016, dtd. 6/6/2016, registered at P.S Ambedkar Nagar under Sec. 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 24/2/2012 as per Hindu rites and ceremonies at Delhi. One daughter is born out of the said wedlock. It is submitted that due to temperamental differences, there were quarrels between the Respondent No.2 and the Petitioners. Thereafter, Respondent No.2 filed a maintenance petition bearing No. 254/2015, an execution petition bearing No. 58/2024 and also lodged the aforesaid FIR No. 0343/2016 under Sec. 498A/406/34 IPC against Petitioners. The present case was registered due to some family disputes and quarrel over between the petitioners and Respondents No. 2. The charge sheet was filed under Sec. 498A/406/34 IPC.

(3.) During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dtd. 24/12/2023. It is submitted that in terms of settlement, petitioners have already paid Rs.2,50,000.00 to respondent No. 2 and petitioners undertake to pay balance amount of Rs.1,00,000.00 to respondent No. 2 at the time of withdrawal of execution pending before the executing Court.