AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioners herein seek quashing of FIR No. 896/2022 dated 02.11.2022, registered at Police Station Paschim Vihar West, 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 17.01.2020, as per Hindu rites and customs. They were blessed with twins.
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, albeit, charges are yet not ascertained.
When the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Mediation Centre, Tis Hazari Courts, Delhi on 13.05.2025.The custody of both the children would remain with the mother (Respondent no.2), with no visitation rights to the father, as per the terms of the MoU.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 is present in person with mother and she has been duly identified by her counsel as well as by Investigating Officer.
When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 10.02.2026. She states that she has agreed to accept a total sum of Rs. 7,00,000/- as full and final settlement inlieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs.4,50,000/- and the balance amount of Rs.2,50,000/- has been received today in the shape of Demand Draft drawn on State Bank of India. Respondent No.2 submits that she had made allegations of outraging her modesty under Section 354 IPC and such allegations were attributable to petitioner No.4 herein but in view of the amicable settlement, she does not want to pursue her abovesaid FIR. 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 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. 896/2022 dated 02.11.2022, registered at Police Station Paschim Vihar West, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.
The petition stands disposed of in aforesaid terms.