Abhiruchi Kant Aswal & Ors. vs The State Govt. Of NCT Of Delhi & Anr.

Exemption allowed, subject to all just exceptions.

Petitioners herein seek quashing of FIR No. 0454/2021 dated 05.08.2021, registered at police station Mehrauli 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 27.11.2015, as per Hindu traditions, rites and customs. There is no issue from such wedlock.

However, on account of temperamental and irreconcilable differences, the parties started residing separately.

On account of such matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of the abovesaid FIR.

Charge-sheet has been filed.

However, when the parties were referred to mediation, they reached an amicable resolution and settlement took place under the aegis of Mediation Centre, Saket Court, New Delhi. Parties have agreed to part ways in a graceful manner as would be apparent from Mediation Order dated 09.09.2025.

Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by investigating officer. She reiterates the terms of settlement as mentioned in Mediation Order dated 09.09.2025. She submits that there is already a divorce between them by way of mutual consent

As per settlement, certain jewellery articles and Rs. 50,000/- were to be returned today at the time of quashing.

During the course of proceedings, respondent no. 2 has received a demand draft bearing no. 530622 dated 12.03.2026 drawn on ICICI Bank as well as her jewellery articles, as per her own satisfaction, and, therefore, she has ‘no objection’ if present FIR and proceedings emanating thereof are quashed. She submits 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. Her affidavit to abovesaid effect is also on record.

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. 0454/2021 dated 05.08.2021, registered at police station Mehrauli for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, quashed subject to cost of Rs. 20,000/- to be deposited with District & Sessions Courts Employees Welfare Association (Account No. 38222714058 IFSC: SBIN0000726, Branch: Tis Hazari) within two weeks from today. Proof of deposit of cost and original affidavits of the parties be submitted before the concerned learned Trial Court within further two weeks.

The petition stands disposed of in aforesaid terms.

Aforesaid application also stands disposed of in aforesaid terms.