Honey Kharbanda And Anr vs State Nct Of Delhi And Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 0363/2016 dated 28.12.2016, registered at Police Station Rajinder Nagar, for commission of offences under Sections 498A/406 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 04.12.2015, as per Hindu rites and customs. One baby boy was born from the abovesaid wedlock.

However, on account of temperamental differences, respondent No.2 reported the matter to the police which resulted into registration of the abovesaid FIR.

Charge-sheet has already been filed.

However, when the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Tis Hazari Courts, Delhi on 03.01.2026 and they are now residing together.

It is in the abovesaid backdrop that quashing is being sought.

Both the parties are present in Court and have been duly identified by their counsel as well as by Investigating Officer.

During course of the consideration, when asked, respondent No. 2 reiterated the terms of abovesaid settlement and 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 She, however, apprehends that there might not be timely payment of the school fee of their son. Petitioner No.1 submits that there would not be any delay or default in this regard and with the permission of the Court, he has also filed a specific affidavit to the abovesaid effect which is taken on record. Copy of such affidavit has been supplied to respondent No.2. Petitioner No.1 also volunteered that he would ensure that till their son attains majority, his school fee and college fee are duly paid by him.

Respondent No.2 submits that petitioner No.1 had filed a divorce petition and on the basis of abovesaid settlement, he has already withdrawn such petition. She, therefore, submits that she would have no objection if the present FIR is quashed in toto.

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 and both the sides are living together.

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. 0363/2016 dated 28.12.2016, registered at Police Station Rajinder Nagar, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

The present petition stands disposed of in aforesaid terms.

Pending application also stands disposed of.