NARENDER 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. 0780/2015, dtd. 18/8/2015, registered at P.S Sultanpuri 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 20/11/2011 as per Hindu rites and ceremonies at Delhi. One female child namely Tanushka was born on 15/1/2015 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 25/6/2014. Thereafter, Respondent No.2 filed a petition under Sec. 125 Cr.P.C. bearing MT No. 391/2019 against the Petitioner No.1, two execution petitions bearing Nos. Ex. 23/2022 and Ex. 24/2022 and also lodged the aforesaid FIR against Petitioner No. 1 and his family members. The Petitioner No.1 filed a petition for divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955.

(3.) During the proceedings, the parties were referred to mediation where they amicably resolved their disputes and executed a Settlement/Agreement dtd. 15/9/2023. 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, North-West, Rohini Courts, Delhi allowed the mutual divorce petition on 26/9/2024, 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 It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement including payment of Rs.5,00,000.00 (Rupees Five Lacs) as full and final settlement have been fulfilled as per the schedule mentioned in the Settlement/Agreement. The copy of Settlement/Agreement dtd. 17/2/2023 has been placed on record as Annexure C.