VIKAS GAHLOT 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. 71/2018 Under Ss. 498-A/406/377/34 of the Indian Penal Code registered at P.S. Khajuri Khas, and all proceedings arising therefrom pursuant to a settlement between the parties.

(2.) The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 22/5/2013 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, both the parties started living separately since 6/5/2017. Pursuant to which on 22/2/2018, the aforesaid FIR was registered against the petitioners. Charge sheet regarding the said FIR has been duly filed under Sec. 498A/406/377/34 IPC.

(3.) During the pendency of the proceedings, the parties amicably resolved their disputes through a compromise/MOU dtd. 5/10/2024. Thereafter, on 27/1/2025, both parties were granted divorce by mutual consent under Sec. 13B(2) of the Hindu Marriage Act, 1955 vide HMA No. 10/2025. As per the settlement agreement, the total and final settlement amount was fixed at Rs.30,00,000.00, to be paid in installments, and the MOU/compromise deed dtd. 5/10/2024 has been placed on record as Annexure P5.