AMIT GOYAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0169/2024, dtd. 23/3/2024, registered at P.S Punjabi Bagh 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 31/10/2017 as per Hindu rites and ceremonies at Delhi. A boy namely Parv was born on 11/11/2020 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 10/2/2022. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioners.

(3.) During the proceedings, the parties amicably resolved their disputes in the Counseling Cell, Family Court, Tis Hazari Courts, Delhi and executed a Settlement Deed dtd. 29/7/2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Sec. 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court, West, Tis Hazari Courts, Delhi allowed the mutual divorce petition on 22/1/2025, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Agreement including payment of Rs.7,00,000.00 (Rupees Seven Lacs) along with Articles to the Respondent No.2 have been fulfilled by the Petitioner No.1 as per the schedule mentioned in the Settlement Deed. The custody of the minor child Parv will remain with the Respondent No.2 and no visitation rights will be granted to the Petitioner No.1. The copy of Settlement Deed dtd. 29/7/2024 has been placed on record as Annexure C.