Karan Bisht @ Kuber & Ors. vs State Govt Of Nct Of Delhi And Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 231/2016 dated 28.12.2016, registered at Police Station Crime (Women) Cell Nanak Pura, 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 11.06.2012, as per Hindu rites and Ceremonies. One girl was born from the above said 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 have been framed.

With the intervention of family and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 26.04.2024 and have been able to resolve all their disputes and have decided to part ways, gracefully. The custody of the child would remain exclusively with the respondent no. 2, with no visitation rights, as per the terms of the MoU.

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

Respondent no. 2 is present through video-conferencing and she has been duly identified by Investigating Officer.

When asked, respondent No. 2 reiterates the terms of above said settlement. She also submits that there is already a divorce between them by way of mutual consent on 02.09.2024. She states that she has relinquished her right of istridhan, alimony, maintenance for self (past, present and future). 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. 231/2016 dated 28.12.2016, registered at Police Station Crime (Women) Cell Nanak Pura, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU of the parties be submitted before the learned Trial Court within four weeks.

The petition stands disposed of in aforesaid terms.