Sh Love Yadav @ Love Kumar Yadav @Love Kumar & Ors. Vs State NCT of Delhi and Anr.

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$~48

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 786/2025

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SH LOVE YADAV @ LOVE KUMAR YADAV @LOVE KUMAR & ORS. .....Petitioners

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Through: Counsel for Petitioners (appearance not given) with Petitioners.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Rahul Tyagi, ASC for the State with SI Veena, PS SP Badli. Ms. Rajani Dogra, Advocate for R2 with R2.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 07.07.2025

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CRL.M.A. 7300/2025 (Exemption)

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Exemption allowed, subject to all just exceptions.

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The Application stands disposed of.

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W.P.(CRL) 786/2025

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Petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter referred to as ‘B.N.S.S. ’) ( old Section 482 of the Code of Criminal Procedure, 1973 ) ( hereinafter referred to as ‘Cr.PC’ ), has been filed on behalf of the Petitioners, for quashing of FIR No. 199/2023 under Section 498A/406/34 of the Indian Penal Code, 1860 ( hereinafter referred to as ‘IPC ’) registered at Police Station Samaipur Badli and all the consequential

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This is a digitally signed order.

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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 09/07/2025 at 11:47:53

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proceedings emanating therefrom, in view of the Compromise Deed dated 10.01.2024.

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Issue Notice.

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On advance Notice, learned ASC has appeared and accepts the Notice on behalf of the State.

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Brief facts of the case are that the marriage was solemnized between the Petitioner No.1/husband and the Respondent No. 2/wife on 10.02.2022, according to the Hindu rites and ceremonies and no child was born out of the said wedlock. Due to temperamental differences, the Petitioner No. 1 and the Respondent No. 2 started living separately since 07.10.2022.

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On the Complaint of the Respondent No.2/wife, FIR No.199/2023 under Section 498A/406/34 IPC, got registered at Police Station Samaipur Badli.

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It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No.1. It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement out of the Court vide Memorandum of Understanding/Settlement Deed dated 10.01.2024. In the Settlement, it was inter alia settled between the parties that the Petitioner No.1/husband shall pay a sum of Rs.3,25,000/- towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in three equal instalments . It is also stated that the Petitioner No.1 shall pay first instalment in the sum of Rs. 75,000/- to Respondent No. 2/wife, at the time of execution of the Settlement; the second instalment in the sum of Rs. 75,000/- shall be paid by the Petitioner

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This is a digitally signed order.

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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 09/07/2025 at 11:47:53

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No. 1 to the Respondent No. 2, at the time of recording of Statements in first motion and the third instalment in the sum of Rs.75,000/- shall by paid by the Petitioner No. 1 to the Respondent No. 2, at the time of Statements in second motion Petition for mutual divorce and the remaining amount of Rs.1,00,000/- shall be paid by the Petitioner No. 1 to the Respondent No. 2 at the time of quashing of the said FIR.. It is also submitted that the Respondent No. 2 shall withdraw the Complaint under Section 12 D.V. Act and Petition under Section 125 Cr.P.C., after recording Statement in first motion mutual consent divorce Petition. It is further settled between the parties that they will not initiate any legal action against each other and their family members.

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Today, the Petitioner No. 1/husband has handed over a DD bearing No. 305882 in favour of the Respondent No. 2/wife, in the sum of Rs.1,00,000/-, drawn from J&K Bank dated 01.07.2025. The Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the said FIR is quashed. 10. It is also stated that on 06.09.2024, the marriage between the Petitioner No.1 and the Respondent No. 2, had been dissolved by mutual consent, as per the Hindu law.

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The Statement of the parties have already been recorded before the learned Joint Registrar. They have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

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Considering that the parties have settled the matter, the FIR No. 199/2023 under Section 498A/406/34 IPC, registered at Police Station Samaipur Badli and all the consequential proceedings emanating therefrom

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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 09/07/2025 at 11:47:53

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are quashed.

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The Petition is disposed of accordingly.

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NEENA BANSAL KRISHNA, J

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JULY 7, 2025/RS

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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 09/07/2025 at 11:47:53

Sh Love Yadav @ Love Kumar Yadav @Love Kumar & Ors. v. State NCT of Delhi and Anr.

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Sh Love Yadav @ Love Kumar Yadav @Love Kumar & Ors. v. State NCT of Delhi and Anr.

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