[Cites 4, Cited by 0]
Delhi High Court
Vivek Kohli & Ors vs The State Nct Of Delhi & Anr on 11 March, 2026
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th March, 2026
+ CRL.M.C. 1751/2026 & CRL.M.A. 7146/2026 & CRL.M.A.
7147/2026
VIVEK KOHLI & ORS. ....Petitioners
Through: Mr. Praveen Kumar and Mr. Krishan
Kant Kaushik, Advocates for P-1
versus
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sunil Kumar Gautam, SPP for the
State with SI Vijay Pal Singh, PS:
Crime (Women Cell) Nanak Pura
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners seek quashing of the FIR No. 83/2023, PS: Crime (Women
Cell) Nanak Pura which was, earlier, registered for the offences under
Sections 498A/406/34, IPC. Later on Section 377 IPC was also added.
2. Petitioner no.1 and respondent no.2 got married on 10.06.2019 at
Karnal, Haryana according to Hindu rites and Ceremonies.
3. On account of some matrimonial discord, they started residing
separately and when the matter was reported to the police by respondent no.2,
it resulted in registration of abovesaid FIR.
4. Charge sheet has already been filed and the next date of hearing before
the learned Trial Court is 24.05.2026.
5. However when the proceedings were pending before the learned Judge,
Family Court, West District, Tis Hazari Courts, the parties were able to
resolve all the disputes amicably and agreed to part ways in a graceful manner
and, in this regard, detailed statements were made by the parties before the
learned Judge, Family Court on 20.12.2024.
6. Petitioner No.1 is present in person whereas his parents have joined
proceedings through video-conferencing.
7. Respondent no.2 is present in Court and has been duly identified by the
IO.
8. When asked, Respondent No.2 reiterates the terms of settlement and
submits that there is already a divorce between them. She states that she has
agreed to accept a sum of Rs.15,00,000/- in lieu of istridhan, alimony,
maintenance (past, present and future) and that she has already received a sum
of Rs.5,00,000/- at the time of divorce. She has received a sum of
Rs.5,00,000/- today during the course of proceedings, by way of Demand
Draft bearing No.843073 dated 05.03.2026 drawn on State Bank of India. The
balance amount of Rs. 5,00,000/- will be handed over to her at the time of
quashing of FIR 152/2023, PS Ambala City, Haryana. She submits that she
has entered into the abovesaid settlement out of her own free will, without any
coercion and influence from any corner whatsoever and therefore, she would
have 'no objection' if FIR in question is quashed. Her affidavit to abovesaid
effect is also on record.
9. Respondent No. 2 also undertakes to appear before the Hon'ble High
Court of Punjab and Haryana for making requisite statement in relation to the
quashing of the other FIR. She, however, submits that on account of her
professional occupation, she will not be able to appear on any Monday and
Tuesday. Learned counsel for the petitioners submits that they would apprise
her about suitable date accordingly, well in advance, so that she can make
requisite travel arrangements.
10. Consequently, to secure the ends of justice, FIR No. 83/2023 registered
at police station Crime (Women Cell) Nanak Pura, for commission of offence
under Sections 498A/406/34, IPC along with all consequential proceedings
arising therefrom, so far as it relates to petitioners herein, is hereby, quashed
subject to cost of Rs. 20,000/- to be deposited by petitioners with concerned
District Legal Service Authority within four weeks from today.
11. Proof of deposit of such cost as well as original affidavits of petitioners
and respondent No.2, copies of which have been filed with the present
petition, shall be submitted before the learned Trial Court within further one
week so that these become part of Trial Court Record.
12. The petition stands disposed of in aforesaid terms.
13. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 11, 2026/rr/pb
