Youdhister Kumar & Anr. vs State Of Nct Of Delhi & Anr.

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 311/2021 dated 03.07.2021, registered at Police Station Chhawala, 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 22.04.2019 as per Hindu rites and customs. Just after one week of marriage, the parties started living separately. There is no child from the abovesaid wedlock.

Respondent No.2 reported the matter to police which resulted in registration of abovesaid FIR. There are also allegations of commission of offence under Section 377 IPC against the husband.

Charge-sheet has already been filed, albeit, charges have yet not been framed.

Fact, however, remains that parties have been able to settle all their matrimonial disputes and have entered into Memorandum of Understanding on 27.01.2026.

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.

When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Memorandum of Understanding on 27.01.2026. She states that she has already received domestic articles and the entire amount of Rs.3,25,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). 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 Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, the Apex Court observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings, and that the scope of conviction was remote and bleak. Reference be made to Gian Singh v. State of Punjab & Anr.: (2012) 10 SCC 303.

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. 311/2021 dated 03.07.2021, registered at Police Station Chhawala, 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 Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost, Original Memorandum of Understanding dated 27.01.2026 as well as 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.