Himanshu & Ors. vs State (Govt. Of Nct Of Delhi) & Anr.

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 847/2021 dated 01.12.2021, registered at Police Station Ranhola, 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 13.09.2019, as per Hindu rites and customs. No child is 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 charges are yet not ascertained. 5. When charge-sheet was filed, Section 377/354/509 IPC were also added.

Fact remains that parties have been able to amicably resolve the matter under the aegis of Counselling Cell, Family Court, Tis Hazari on 23.08.2024. 7. It is in the abovesaid backdrop that quashing is being sought.

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 01.07.2025. She states that she has agreed to accept a total sum of Rs. 5,75,000/- 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. 4,00,000/- and the balance amount of Rs. 1,75,000/- has been received today in the shape of Demand Draft drawn on Canara Bank. 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. 847/2021 dated 01.12.2021, registered at Police Station Ranhola, for commission of offences under Sections 498A/406/34 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.