Arun Kumar Sharma & Ors. vs State Govt Of Nct Of Delhi And Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 773/2020 dated 14.09.2020 registered at Police Station Harsh Vihar, 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.

Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 22.02.2015 according to Hindu rites and ceremonies at Delhi. There is no child from the abovesaid wedlock.

However, on account of some matrimonial discord and temperamental differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR.

Though FIR is of the year 2020, when asked, learned Addl. P.P. for the State submitted that the matter is still under investigation and charge-sheet has yet not been filed.

Fact, however, remains that when the parties were referred to Counselling Cell, Family Court, Karkardooma, Shahdara, Delhi, they settled the matter and by entering into a comprehensive Settlement Deed dated 31.03.2022, they have been able to resolve all their matrimonial issues and have decided to part ways, gracefully.

Respondent No. 2 is present in person with her counsel. Investigating officer is also present. They have duly identified respondent No. 2.

When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Settlement Deed dated 31.03.2022. As per terms of settlement, respondent no. 2 has agreed to accept a total sum of Rs. 2,00,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 1,50,000/- and balance amount of Rs. 50,000/- has been received today by way of Demand Draft bearing No.509914 drawn on ICICI Bank.

She also submits that they have already obtained divorce by way of mutual consent on 20.12.2023. 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.

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. 773/2020 dated 14.09.2020 registered at Police Station Harsh Vihar, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

Since charge-sheet has yet not been filed, original affidavits of the parties shall be handed over to SHO/IO concerned within two weeks from today.

The petition stands disposed of in aforesaid terms.

Pending applications also stand disposed of.