Delhi High Court - Orders
Rajeev Kapoor, @Raj Kumar & Ors vs State (Nct Of Delhi) & Anr on 15 April, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2492/2025 & CRL.M.A. 11169/2025(seeking stay)
RAJEEV KAPOOR, @RAJ KUMAR & ORS. .....Petitioners
Through: Mr. Manu Seth, Ms. Akriti Seth and
Ms. Tripti Pathak, Advocates.
versus
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Digam Singh Dagar, APP for
State.
SI Radha Sharma, PS: CWC/ Nanak
Pura.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 15.04.2025
1. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (earlier Section 482 of the Code of Criminal Procedure, 19732) seeks quashing of FIR No. 0036/2017 under Sections 498A, 406 and 34 of the Indian Penal Code, 18603, registered at P.S. Crime (Women) Cell, Nanak Pura and all consequential proceedings emanating therefrom, which are pending before the Court of Metropolitan Magistrate, Dwarka Court, New Delhi.
2. Counsel for the Petitioner submits that the dispute has been settled between Petitioner No. 1 and Respondent No. 2 (Complainant), pursuant to 1 "BNSS"
2"Cr.P.C"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 21:27:27 which, the parties have obtained a divorce by mutual consent. He submits that as per the terms of the settlement, which have been recorded by the Family Court in the order of 1st Motion of under Section 13B(1) of the Hindu Marriage Act, 1955, Respondent No. 2 undertook to cooperate with the Petitioners for quashing of the subject FIR and also agreed to give an affidavit stating her no-objection. However, despite this specific undertaking, she has not given her affidavit/ NOC to the quashing of FIR. He further submits that all material terms of settlement, as per the order of 1st motion of divorce have been complied with.
3. Issue notice. Mr. Digam Singh Dagar, APP accepts notice.
4. Let status report be filed, with copy thereof provided to the opposite side.
5. Issue notice to the Respondent No. 2/ the Complainant through the Investigating Officer, returnable on the next date of hearing.
6. Considering the above, till the next date of hearing, the proceedings before the Trial Court in Complaint Case no. 16099/2019 shall remain stayed.
7. Re-notify on 02nd July, 2025.
SANJEEV NARULA, J APRIL 15, 2025 d.negi 3 "IPC"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2025 at 21:27:27