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Judgment
15 paragraphs · 492 wordsManoj Jain, J
Petitioners herein seek quashing of FIR No. 121/2023 dated 01.04.2023, registered at Police Station Saket, Delhi, 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 15.03.2021, as per Hindu rites and customs. There is no child 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. 4. Charge-sheet has already been filed.
Fact, however, remains that when parties were referred to Mediation, they were able to resolve all their disputes under the aegis of Delhi Mediation Centre, Saket Courts, New, Delhi vide Mediation order dated 29.03.2025.
It is in the abovesaid backdrop that quashing is being sought.
Petitioners are present in person.
Respondent no. 2 is present in person and she has been identified by her counsel and the Investigating Officer, who are present in Court.
As per terms of abovesaid settlement, respondent no. 2 has agreed to accept a total sum of Rs. 18 lacs towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 13,00,000/- and balance amount of Rs. 5,00,000/- has been received today in the shape of Demand Draft drawn on Canara Bank.
When asked, respondent No. 2 reiterates the terms of abovesaid settlement and submits that there is already a divorce between them by way of mutual consent on 06.01.2026. 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. 121/2023 dated 01.04.2023, registered at Police Station Saket, Delhi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners'depositing cost of Rs. 20,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost and original affidavits of the parties shall be submitted before the learned Trial Court within further two weeks.
The petition stands disposed of in aforesaid terms.
Pending application also stands disposed of.
