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Judgment
Petitioners herein seek quashing of FIR No. 624/2023 registered at Police Station Paschim Vihar East, for commission of offences under Sections 498A/406/506/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 19.11.2017 according to Hindu rites and ceremonies at Seven Seas Banquet, Delhi. There is no child from such wedlock.
However, on account of some matrimonial discord and temperamental differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR.
Charge-sheet has already been filed, albeit, charges are yet to be framed.
Fact, however, remains that when a complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 was referred to Delhi Mediation Centre, Tis Hazari Courts, Delhi, the parties were able to settle all their matrimonial disputes.
Mediation Order dated 22.01.2025 is also on record.
Respondent No. 2 has joined the proceedings through videoconferencing with her counsel. She has been duly identified by her counsel and investigating officer who is present in Court.
When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Mediation Order dated 22.01.2025. She also submits that parties have already obtained divorce by way of mutual consent on 02.04.2025. She also submits that settlement is without any kind of monetary consideration and she has already waived off all her claims with respect to istridhan, alimony, maintenance (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 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. 624/2023 registered at Police Station Paschim Vihar East, for commission of offences under Sections 498A/406/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits of the parties shall be submitted before the learned Trial Court within two weeks.
The petition stands disposed of in aforesaid terms.
Pending application also stands disposed of.