Mummidivarapu Srinivasa Rao & Ors. vs State Of Nct Of Delhi & Anr.
- Court
- Delhi High Court
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
# CNR No. DLHC010125112026
Date of Decision: 15.10.2026
CRL.M.C. 2376/2026, CRL.M.A. 9651/2026
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MUMMIDIVARAPU SRINIVASA RAO & ORS. .....Petitioners
Through: Mr. Kushal Bhattacharjee and Mr.
Shivnath Sawhney, Advs.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Priyanka Dalal, APP for the State
along with Ms. Swati, Adv.
Mr. Manish Kumar Pathak, Mr. Vijay
Kumar, Adv. for R-2 along with R-2
in person.
SI Sumit, PS Mehrauli.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. ( Oral .)
1. The present petition under Section 528 of Bharatiya Nagarik Suraksha
Sanhita (‘BNSS’), 2023 seeks quashing of FIR No.519/2022 dated
20.08.2022 under Sections 498A/406/34 Indian Penal Code (IPC), 1860 and
Section 4 of the Dowry Prohibition Act, 1961, registered at P.S. Mehrauli,
district, South Delhi, and all consequential proceedings emanating
therefrom. The FIR was registered at the instance of the respondent no.2 (the
former wife of the petitioner no.1). The other petitioners are the former
father-in-law, mother-in-law and sister-in-law of the respondent no.2.
2. The petitioner No.1 and the respondent no.2 both are present in Court
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and the other petitioners have joined the proceedings virtually. The
Investigating Officer, who is present in Court, has duly identified the parties.
3. The parties submit that they have arrived at an inter-se settlement. It
is pointed out that a settlement deed dated 24.12.2024 has been executed
between the parties, and has been annexed as Annexure P-3 to the present
petition. The same reads as under:-
“WHEREAS the Complainant Ms. Manvi Musudi @ M. Manvi
(hereinafter referred to as the First Party) was married to Respondent
No.1 Sh. Mummidivarapu Srinivasa Rao (hereinafter referred to as the
Second Party) on 28.11.2019 according to Hindu rites and ceremonies.
One male child namely Master Garvit @ Mummidivarapu Geetha
Krishna Kamal (aged about 4 years) was born from the said wedlock.
Due to matrimonial disputes, the parties could not stay together and
started living separately from each other since 26.01.2021.
AND WHEREAS on the request of the parties, the present matter
was referred for mediation, in which process of mediation had been
explained to both the parties. Single and joint sessions were held. After
discussions, both parties have agreed to settle all their disputes with
regard to all the above-mentioned matters, in full and final on the
following terms and conditions :-
1. It is agreed between the parties that since there is no chance of their
re-union, both the parties have decided to get separation from each other
by way of mutual divorce.
2. It is agreed between the parties that Second Party/husband is ready to
pay the amount of Rs.13,50,000/- (Rupees Thirteen Lakh Fifty Thousand
only) towards full and final settlement of all her claims including
maintenance (past, present and future), permanent alimony, stridhan etc.
and in respect of all the above-mentioned matters.
3. It is agreed between the parties that Second Party/husband shall pay
the above-mentioned settled amount of Rs.13,50,000/- (Rupees Thirteen
Lakh Fifty Thousand only) to the First Party in three installments by way
of DD/NEFT/RTGS/Cash against proper receipt/Any other electronic
mode.
4. It is agreed between the parties that Second Party/husband shall
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return all the household articles such as furniture, utensils, clothes etc.
against due receiving within a period 14 days from today i.e. 24.12.2024.
The First Party shall collect the said articles from the residence of the
Second Party at their own cost.
5. It is agreed between the parties that Second Party/husband shall make
the payment of first installment of Rs.4,50,000/- to the First Party at the
time of recording of statements of the parties on first motion of mutual
divorce petition which shall be filed on or before 31.01.2025 before the
court concerned and within a period of four weeks after receiving the
said amount, the First Party shall withdraw the present complaint case
u/s 12 DV Act from the Ld. Referral Court. Further, all the jewelery and
valuables as per agreed list shall be returned by the Second Party to the
First Party at the time of recording the statements of the parties in the
first motion. The details of the said jewellery, articles etc. are as under :-
Sr.
No.
Name of Articles etc. Quantity
1. Marksheet of Secondary
Examination, . Higher
Secondary Examination and
all other official documents.
2. All DIET Diploma
Certificates.
3. Silver Plate MMTC (100 to
150 gms)
1
4. Silver Bar MMTC (100
gms)
1
5. Silver Spoon 1
6. Silver Lota (Chembu) - 150
gms
1
7. Gold Bracelet - 8 gms 1
8. Gold Rings (4 gms) 1
9. Gold Earrings ( 2 gms) 1 pair
6. It is further agreed between the parties that both the parties will
jointly file the second motion divorce petition within the statutory
period, as per law and Second party/husband shall pay second
installment of Rs.4,50,000/- to the First party at the time of
recording the statement of second motion of divorce proceedings
before the court concerned. Both the parties shall co-operate with
each other in preparation of petition for divorce by mutual consent.
7. FIR No. 519/22, U/s 498A/406/34 IPC, PS Mehrauli has been
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registered against the following accused persons on the complaint
of First Party :-
(i). Sh. Mummidivarapu Srinivasa Rao/Husband/Second party
(ii). Sh. Mummidivarapu Balakrishna/Father of Second party
(iii). Smt. Mummidivarapu Kamalavathi/Mother of Second party
(iv). Ms. Mummidivarapu Durga/Sister of Second party
As one of. the sections in above-mentioned FIR is
noncompoundable in nature, hence it cannot be settled through
mediation.
However, it is agreed upon between the parties that the Second
Party alongwith all the other co-accused shall move for quashing
of abovementioned FIR before the Hon'ble High Court within 60
days after recording of statement for second motion and the First
Party shall fully co-operate in the said proceedings. It is further
agreed between the parties that the First Party shall sign his/her
affidavit of no objection, appear and do all possible acts required
in order to get the above mentioned FIR as well as proceedings
emanating therefrom quashed qua all the accused persons. The no
objection affidavit shall be handed over by the First Party to the
Second Party at the time of recording of statement for second
motion. The litigation expenses for quashing of the above-
mentioned FIR shall be borne by the accused persons. It is further
agreed between the parties that the Second Party shall pay the 3rd
i.e. last installment of Rs.4,50,000/- to the First Party on or before
the date of hearing of quashing petition before the Hon'ble Delhi
High Court.
8. It is further agreed between the parties that the custody of child
namely Master Garvit @ Mummidivarapu Geetha Krishna Kamal
shall remain with First Party/mother. It is further agreed between
the parties • that the Second party shall have visitation right at
Saket District Court and as per the convenience of both the
parti1es and the child, however, no more than four times in a year
9. That both the parties undertake not to interfere in each other's
life or future prospects or malign each other or their families over
social media, internet or by any means. It is further agreed between
the parties that both parties shall not misuse any photograph or
video of each other.
10. It is further agreed between the parties that no Party shall back
out from the present Settlement Agreement and shall co-operate
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each other to get the mutual divorce in terms of the present
Settlement Agreement.
If any Party to the present Settlement Agreement fails to co-operate
at any stage of proceedings, the other Party shall be at liberty to
initiate all the legal proceedings against the faulty Party on
account of breach of the present Settlement Agreement by way of
suing the other Party in accordance with the law of the land.
11. It is also agreed by the parties that upon compliance of the
abovementioned terms and conditions of this settlement, parties
shall not file any civil/criminal case against each other or their
family members pertaining to their marriage and/or with regard to
their respective movable or immovable property/properties,
whatsoever.
12. It is also agreed between the parties that pursuant to the
settlement reached between the parties, all the
matters/cases/complaints (civil/criminal), which are pending
between the parties before any Court/Authorities/Forum shall be
deemed to have been settled or to have been withdrawn post
signing of this settlement.
This settlement has been voluntarily arrived at between the parties
with their own free will and without any force, pressure or coercion
and both the parties and bound by the terms and conditions
mentioned herein above.”
4. It is further pointed out that pursuant to the settlement, the marriage
has been dissolved by way of a divorce decree dated 22.09.2025 in HMA
No.1670/2025.
5. The complaint case filed by the respondent no. 2 under Protection of
Women from Domestic Violence Act, 2005 against the petitioners bearing
CT Cases No. 971/2022 has also been withdrawn by the respondent no.2,
pursuant to the aforesaid settlement.
6. The respondent no.2 has filed an affidavit stating that she has settled
the disputes voluntarily and that she has no objection to the quashing of the
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FIR no. 519/2022 and the proceedings emanating therefrom. She reiterates
the same, during the course of hearing today. She also confirms that she has
received the entire settlement amount of Rs.13,50,000/-.
7. Considering the dicta laid down in the judgment of Gian Singh v.
State of Punjab (2012) 10 SCC 303, there is no impediment to allowing the
present petition.
8. Accordingly, the present petition is allowed; FIR No.519/2022 dated
20.08.2022 under Sections 498A/406/34 Indian Penal Code (IPC), 1860 and
Section 4 of the Dowry Prohibition Act, 1961, registered at P.S. Mehrauli
and all consequential proceedings emanating therefrom, are quashed.
9. The petition is disposed of in the above terms. Pending application
also stands disposed of.
SACHIN DATTA, J
OCTOBER 15, 2026/r
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Signature Not Verified
Digitally Signed
By:UMANG
Signing Date:16.10.2026
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