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Judgment
19 paragraphs · 637 wordsManoj Jain, J
CRL.M.A. 13764/2026
Exemption allowed subject to all just exceptions.
CRL.M.C. 8740/2023 & CRL.M.A. 13763/2026 (for taking on record settlement deed dated 18.04.2026)
Petitioners herein seek quashing of FIR No. 289/2021 dated 17.06.2021, registered at Police Station Pandav Nagar, 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 12.12.2018 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.
Quashing is being sought for the reason that it was a false case and there was no domestic violence or cruelty. It is stated that parties have entered into amicable settlement and the terms of settlement have been reduced in writing vide Settlement-cum-compromise deed dated 18.04.2026 and as per the terms of settlement, with the efforts made by friends, elders and respectable people of society, all the misunderstandings have been cleared and respondent No.2 has no objection if the FIR in question is quashed.
Respondent No.2 is present and her counsel Mr. Siddharth Chaudhary, who has joined the proceedings through video-conferencing and Mr. Anuj Goswami, who is present in Court, also identify her.
Respondent No.2 is duly identified by the Investigating Officer, who is also present today.
When asked, respondent No.2 submits that she has entered into the abovesaid settlement dated 18.04.2026 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 does admit that her husband has already obtained ex-parte divorce on the ground of Section 13(1)(ia) of Hindu Marriage Act, 1995. She submits that in terms of the abovesaid settlement, she is no longer desirous of challenging the abovesaid divorce decree and that her maintenance petition has already been disposed of and no other case pertaining to the marriage in question is pending in Court. She also submits that as per the amicable settlement, she has already received a sum of Rs.1,00,000/- as full and final settlement through online/UPI banking transaction and, therefore, she is left with no other grievance in the matter and would have no objection if FIR in question is quashed.
FIR was directed against five persons but petitioner No.3 Sh. Birdi Chand Agarwal (father-in-law of respondent No.2) has already expired and such fact has already been duly verified by the Investigating Agency.
The next date of hearing before the learned Trial Court is stated to be 27.05.2026 and the case is at the stage of appearance of the accused persons only.
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 petitioner.
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. 289/2021 dated 17.06.2021, registered at Police Station Pandav Nagar, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.
Original Settlement-cum-compromise deed dated 18.04.2026 as well as original affidavits of the parties shall be submitted before the learned Trial Court within four weeks.
The application is allowed and the petition stands disposed of in aforesaid terms.
The date fixed i.e. 04.08.2026 stands cancelled.
