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Judgment
14 paragraphs · 563 wordsManoj Jain, J
Petitioners herein seek quashing of FIR No. 0024/2021 dated 02.02.2021, registered at Police Station Hauz Qazi, 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 14.11.2019, 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.
Charge-sheet has already been filed and offence under Section 354 IPC was added and the case is, reportedly, at the stage of ascertainment of charges. 5. Fortunately, with the intervention of family elders and well-wishers both the parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 04.12.2025 and have been able to resolve all their disputes and have also decided to part ways, gracefully.
It is in the abovesaid backdrop that quashing is being sought.
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 reiterated the terms of abovesaid settlement and submits that there is already a divorce between them by way of mutual consent on 06.04.2026. She states that she has agreed to accept a total sum of Rs. 32,00,000/- as full and final settlement in lieu of alimony, maintenance for self (past, present and future). She submits that she has already received Rs.30,00,000/- and the balance amount of Rs.2,00,000/- has been received today in the shape of Demand Draft drawn on Equitas Small Finance Bank Ltd. 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. She also states that she does not want to proceed further with the matter even with respect to the allegation which she made against the brother-in-law of the husband for offence under Section 354 IPC.
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. 0024/2021 dated 02.02.2021, registered at Police Station Hauz Qazi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 20,000/- in the account of NDBA Members Welfare fund Account [Acc No. 18580110013847, IFSC Code UCBA0001858, UCO Bank, Patiala House] within four weeks from today.
Proof of deposit of cost, Original Memorandum of Understanding dated 04.12.2025 as well as original affidavits of the parties shall be submitted before the learned Trial Court within further two weeks.
The present petition stands disposed of in aforesaid terms.
Pending application also stands disposed of.
