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Judgment
Manoj Jain, J
Petitioners herein seek quashing of FIR No. 784/2021 dated 31.10.2021, registered at Police Station Dwarka North, Delhi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 10.11.2018, as per Hindu rites and customs. No child is born from the abovesaid wedlock.
However, when a transfer petition was eventually filed before the Hon’ble Supreme Court, New Delhi, while allowing with the same, Hon’ble Supreme Court dissolved their marriage on the ground of irretrievable breakdown of their marriage for the reason that the parties were living separately for the last 2½ years.
Moreover, when the matter, in relation to other matrimonial discord, was referred for mediation, the parties were able to amicably resolve the matter under the aegis of Supreme Court Mediation Centre on 17.03.2023.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 is present through video-conferencing and she has been duly identified by Investigating Officer who is present in Court.
All the petitioners have joined the proceedings through video-conferencing. Petitioner No.1 has, reportedly, remarried.
When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She submits that she has agreed to accept a total sum of Rs. 15,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future) and that she has already received the abovesaid amount. She states that she has also entered into another wedlock and has arrived at 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.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.
Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.
Consequently, to secure the ends of justice, FIR No. 784/2021 dated 31.10.2021, registered at Police Station Dwarka North, Delhi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.
The petition stands disposed of in aforesaid terms. 13. Pending application also stands disposed of.