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Judgment
17 paragraphs · 543 wordsManoj Jain, J
Petitioners herein seek quashing of FIR No. 100/2022 dated 02.03.2022, registered at Police Station Bara Hindu Rao, 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.
Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 11.12.2020 according to Hindu rites and ceremonies. There is no child from such wedlock.
On account of some matrimonial discord and temperamental differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR.
Charge-sheet has already been filed but charges have yet not been framed.
Next date before the learned Trial Court is stated to be 24.04.2026.
Fact, however, remains that in relation to one Complaint Case filed under Protection of Women from Domestic Violence Act, 2005, when the parties were referred to mediation, they were able to resolve all their disputes under the aegis of Delhi Mediation Centre, Tis Hazari Courts, Delhi in terms of Mediation Order dated 02.06.2025.
Respondent No. 2 is present in person. Her counsel has joined the proceedings through videoconferencing. Investigating officer is also present. She has been duly identified by her counsel and investigating officer.
As per terms of settlement, respondent no. 2 has agreed to accept a total sum of Rs. 4,75,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 3,50,000/- and a demand draft of Rs. 1,25,000/- bearing No. 521325 dated 28.01.2026 drawn on Punjab National Bank, Tronica City, Ghaziabad, UP has been handed over to her towards the balance amount.
When asked, respondent No. 2 submitted that she has entered into settlement of her own free Will and without any pressure, force, coercion and undue influence from any corner whatsoever. She reiterates the terms of settlement and submits that she would have no objection if FIR in question is quashed.
Parties have already taken divorce by way of mutual consent on 10.12.2025.
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. 100/2022 dated 02.03.2022, registered at Police Station Bara Hindu Rao, 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 a total cost of Rs. 20,000/- with District Legal Service Authority, Central District, Tis Hazari Courts, Delhi with four weeks from today.
Let proof of deposit of cost and original affidavits of the parties, copies of which have been placed on record in the present proceedings, be submitted before the concerned learned Trial Court within further two weeks.
The petition stands disposed of in aforesaid terms.
Pending application also stands disposed of.
