AVINASH SURI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0109/2019, dtd. 20/3/2019, registered at P.S Rajouri Garden, Delhi under Ss. 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) On 22/1/2018, the marriage between Petitioner No. 1 and Respondent No. 2 solemnized as per Hindu rites and ceremonies at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 2/8/2018. Respondent No. 2 alleged that she was subjected to mental and physical harassment, dowry demands, threats, and eviction from the matrimonial home by Petitioners. Thereafter, Respondent No. 2 got registered FIR No. 0109/2019, dtd. 20/3/2019, at P.S Rajouri Garden, Delhi under Sec. 498A/406/34 IPC. Chargesheet dtd. 1/7/2019 has been filed under Sec. 498A/406/34 IPC against the Petitioners.

(3.) During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dtd. 10/1/2025. In pursuance of the settlement Petitioner No. 1 and Respondent No. 2 filed divorce petition under Sec. 13-B(i)/(ii)of the Hindu Marriage Act, 1955 and the Ld. JFC, West Distt., Tis Hazari Courts, New Delhi allowed the mutual divorce petition bearing HMA No. 524/2025 on 3/3/2025, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No.2. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.16,00,000.00 (Rupees sixteen lacs only) as per the schedule mentioned in the Settlement Deed. The copy of Memorandum of Understanding dtd. 1/10/2024 has been placed on record as Annexure P-3.