Sh Shovit Sharma And Ors vs State (Gnct Of Delhi) And Anr.

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 1416/2023 dated 01.11.2023, registered at Police Station Nihal Vihar 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.

When the present matter was placed before the learned Joint Registrar (Judicial), it recorded statement of respondent No.2 to ascertain the veracity and genuineness of the fact of settlement between the parties and petitioners handed over demand draft for a sum of Rs.6,50,000/- to respondent No.2 and, thereafter, the matter was adjourned to confirm about its realization.

On the next date, the respondent No.2 informed the learned Joint Registrar (Judicial) that the draft had been duly encashed and nothing remained in the matter and that she would have no objection if the FIR is quashed.

Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 27.04.2021 according to Hindu rites and ceremonies. No child is born from the abovesaid wedlock.

However, on account of some matrimonial discord and temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No. 2 it resulted into in registration of abovesaid FIR. When the charge-sheet was filed, offences under Sections 354/377 IPC were also added. Section 377 was incorporated as respondent no.2 claimed that unnatural sex was committed by her husband i.e. petitioner No.1 herein.

However, when the matter was referred to mediation, the parties were able to resolve the matter under the aegis of Settlement took place before the Counselling Cell, Family Courts, North-West, District, Rohini Courts on 06.11.2024 and have decided to part ways, gracefully. The total settlement amount is Rs.13,50,000/- and respondent No.2 submits that she had already received a sum of Rs.7,00,000/- and the balance amount of Rs.6,50,000/- has been received by her on 21.04.2026.

All the five petitioners have joined the proceedings through video- conferencing.

Respondent No.2 is present with her counsel and has been duly identified by her counsel as well as by I.O.

When asked, respondent No.2 reiterates the terms of the settlement and submits that there is already a divorce by mutual consent between them and the decree was granted on 31.01.2025. She also submits that after the abovesaid divorce, both the parties have moved on, as she has got married and even the petitioner has also got married to someone else.

No other case pertaining to the abovesaid matrimonial discord is pending and even the complaint which had been filed by respondent No.2 under relevant provisions of PWDV Act has been withdrawn.

Both the sides have moved on in their respective lives and respondent No.2 therefore, submits that she does not want the present FIR to be pursued any further and would have'no objection'if the present FIR is quashed in toto.

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. 1416/2023 dated 01.11.2023, registered at Police Station Nihal Vihar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioner depositing cost of Rs. 25,000/- in the account of Delhi High Court Legal Services Committee (DHCLSC) within four weeks. Proof of deposit and original affidavits of the parties be submitted to the learned Trial Court within further two weeks.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of.