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Judgment
Present petition has been filed under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 r/w Article 226 of the Constitution of India seeking quashing of FIR No. 65/2019 registered at PS Dwarka North under Section 498A/406/34 IPC.
Petitioner no. 1 Abhishek Kumar and respondent no. 2 Neha entered into marriage on 10.10.2013 and from the aforesaid marriage, they were blessed with two daughters. As per allegations appearing in the FIR, complainant/respondent no. 2 was subject to cruelty and was even beaten up for non-fulfillment of dowry demand.
Learned counsel for parties submit that parties have, now, amicably resolved their disputes.
Respondent no. 2 has also joined the proceedings through videoconferencing and also reiterates that matter has been amicably resolved and as per settlement, the custody of both the daughters would remain with her only. Petitioners have agreed that they would not seek their custody, even in future.
Respondent no. 2 submits that as per terms of settlement, she is not desirous of claiming any alimony or maintenance (past, present and future) from the petitioners and has no objection if the FIR in question is quashed. She also submits that in terms of settlement, they have already applied for divorce by way mutual consent and their statements with respect to First Motion have already been recorded and she would co-operate for the purpose of recording of her statement with respect to petition under Section 13B(2) of Hindu Marriage Act, 1954, which is yet to be filed.
When asked specifically whether she wants deferment of the present proceedings so that these take place after Second Motion is also recorded, she submitted that she has no objection if the present petition is disposed of and FIR in question is quashed today itself.
Investigating Officer (I.O) is present in Court and confirms broad facts and identifies the complainant.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose.
Accordingly, exercising inherent powers vested in this Court under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.
Consequently, to secure ends of justice, FIR No. 55/2019 registered at Police Station Dwarka, Delhi for the alleged offences under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed.
The petition stands disposed of in aforesaid terms.