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Judgment
Petitioners herein seek quashing of FIR No. 0362/2016 dated 10.08.2016, registered at P.S. Sunlight Colony, 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 21.01.2014, as per Hindu rites and ceremonies. No child is born from the abovesaid wedlock.
However, due to certain temperamental differences, the parties started living separately w.e.f. 22.04.2015 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.
Charge-sheet has already been filed. Charges have also been framed, albeit, for offences under Sections 498A/34 IPC.
With the intervention of family members, friends and well-wishers, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 17.12.2025 and have been able to resolve all their disputes and have decided to part ways gracefully.
Copy of MoU has been placed on record.
It is in the abovesaid backdrop that quashing is being sought.
One of accused person i.e. mother of husband-accused (petitioner No.3) has already expired.
Respondent no. 2 is present in-person and she has been duly identified by her counsel as well as by Investigating Officer.
When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 13.04.2026. She states that she has agreed to accept a total sum of Rs.18,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs.12,00,000/- and the balance amount of Rs.6,00,000/- has been received by her today by way of Demand Draft drawn on Kotak Mahindra Bank Ltd. She states 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.
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.
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 the BNSS, it is deemed appropriate to quash the instant FIR.
Consequently, to secure the ends of justice, FIR No. 0362/2016 dated 10.08.2016, registered at P.S. Sunlight Colony, under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total cost of Rs. 20,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today.
Proof of deposit of cost, MoU and original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within further period of two weeks, so that these become part of Trial Court Record.
The petition stands disposed of in aforesaid terms.
Pending applications also stand disposed of.