KESHAV DUTT SHARMA 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. 0034/2020, dtd. 17/3/2020, registered at P.S South Rohini 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.2was solemnized on 2/12/2010 as per Hindu rites and ceremonies at Delhi. No child is born out of the said wedlock. It is submitted that due to temperamental differences, the couple lived separately since 2017. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner No. 1 and his family members. The charge sheet was filed under Sec. 498A/406/323/34 IPC.

(3.) During the proceedings, the parties were referred to mediation in the court of Mr. Dinesh Bhatt, Ld. Principal Judge, North-West District, Rohini Courts, New Delhi where they amicably resolved their disputes and executed a Settlement Deed dtd. 28/11/2023. 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, Rohini Courts allowed the first motion of mutual divorce petition on 12/1/2024. It is submitted that vide order dtd. 7/9/2024, the second motion of mutual divorce petition was allowed, 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 It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Deed including the payment of Rs.8,00,000.00 (Rupees Eight Lacs) to the Respondent No.2 have been fulfilled as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dtd. 28/11/2023 has been placed on record as Annexure A-3.