Shivraj Bhati & Ors. vs State Nct Of Delhi & Anr.

Exemption allowed subject to all just exceptions.

Petitioners herein seek quashing of FIR No.55/2023 dated 29.01.2023, registered at Police Station Maidan Garhi, New Delhi, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, 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 11.05.2005, as per Hindu rites and customs. No child is born 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.

Fact, however, remains that when the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Mediation Center, Saket Courts, New Delhi on 11.12.2025.

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

Petitioner Nos.1, 2, 3, 5 and 6 are present in Court. One of the accused i.e. Inderraj (brother of accused-husband) has, reportedly, expired during the pendency of the proceedings and copy of his Death Certificate has also been placed on record.

Respondent no. 2 is present in person and she has been duly identified by the Investigating Officer, who is present in Court.

When asked, respondent No. 2 reiterates the terms of mediation settlement, as recorded in mediation order dated 11.12.2025 and submits that she has entered into the abovesaid settlement voluntarily without any coercion and influence from any corner whatsoever and, therefore, she would have ‘no objection’ if FIR in question is quashed. She submits that she has already received the entire settlement amount of Rs.40,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that they have applied for divorce by way of mutual consent and statement with respect to First Motion has already been recorded and undertakes to appear before the learned Judge, Family Court at the time of taking up of the application regarding Section 13B(2) of the Hindu Marriage Act, 1955.

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 the BNSS, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No.55/2023 dated 29.01.2023, registered at Police Station Maidan Garhi, New Delhi, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total 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 be submitted to the learned Trial Court within further period of two weeks.

The petition stands disposed of in aforesaid terms.