Gaurav & Ors. vs State Of Nct Delhi & Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 671/2014 dated 11.12.2014, registered at Police Station Harsh Vihar, for commission of offences under Sections 498A/406/506/34 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 09.07.2011, as per Hindu rites and ceremony. One male child namely Yash Kumar was born from the abovesaid wedlock.

However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

Charge-sheet has already been filed but no evidence has yet been recorded.

One co-accused has already expired on 24.04.2023.

During the pendency of the matter, when the parties were referred to mediation by the learned Trial Court, they were able to resolve all their disputes. The settlement terms are recorded in Settlement Deed dated 16.01.2024 which took place under the aegis of Delhi Mediation Centre, Karkardooma Courts, Delhi.

It is in the abovesaid backdrop that quashing is being sought. 8. Petitioners are present in Court.

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 24.09.2024. She states that she has agreed to accept a total sum of Rs. 2,50,000/- 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. 1,50,000/- and the balance amount of Rs. 1,00,000/- has been received today in cash. She submits that custody of the child would remain with her, with no visitation rights to the petitioners. 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. 671/2014 dated 11.12.2014, registered at Police Station Harsh Vihar, for commission of offences under Sections 498A/406/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

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 four weeks from today, so that these become part of Trial Court Record.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of in aforesaid terms.