TEJASSWI SHARRMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 0123/2021 dtd. 2/4/2021 under Ss. 498-A/406/34 IPC, P.S. Hari Nagar, Delhi, and all proceedings arising therefrom pursuant to a settlement between the parties.

(2.) The marriage between Petitioner No.1 and Respondent No.2was solemnized on 18/4/2019 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 20/2/2020. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No. 1 and his family members.On 1/12/2022, the chargesheet was filed. On 2/5/2024, charges were framed against Petitioner No. 1 under Ss. 377 and 498A read with Sec. 34 IPC, against Petitioner No. 2 under Sec. 498A read with Sec. 34 IPC, and against Petitioner No. 3 under Ss. 406 and 498A read with Sec. 34 IPC.

(3.) During the pendency of the proceedings, both parties entered into a Compromise/Settlement Deed dtd. 21/12/2024. In pursuance of the settlement, the first motion petition, HMA No. 08/2025, filed under Sec. 13B(1) of the Hindu Marriage Act, was allowed on 10/1/2025. The Learned Principal Judge, Family Court, West, Tis Hazari Court, vide HMA No. 406/2025, allowed the second motion petition under Sec. 13B(2) on 25/2/2025, thereby dissolving the marriage between Petitioner No. 1 and Respondent No. 2. The Petitioner agreed to pay a total sum of Rs.10,00,000.00 to Respondent No. 2 in phased payments. A copy of the Compromise/Settlement Deed dtd. 21/12/2024 has been placed on record as Annexure P-2.