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Judgment
Petitioners herein seek quashing of FIR No. 146/2021 dated 28.02.2021, registered at Police Station Harsh Vihar, for commission of offences under Sections 498A/406/506/34 of IPC, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.
The marriage between petitioner No.1 and respondent No.2 was solemnized on 08.03.2019, as per Hindu traditions, rites and customs. There is no child from the abovesaid wedlock.
However, on account of some temperamental differences between the parties, they started residing separately since 2020 and. on the basis of complaint lodged by respondent No. 2, abovesaid FIR was registered.
Charge-sheet has, though, been filed, charges are yet to be framed.
Fact, however, remains that both the parties have been able to amicably settle all their matrimonial disputes and have agreed to part ways in a graceful manner and such settlement terms have been reduced in writing vide Memorandum of Understanding (MoU) dated 27.01.2024. Pursuant to such settlement, parties have also obtained divorce by way of mutual consent on 04.03.2024.
All the Petitioners, except petitioner No.6, are present physically. Petitioner No.6 has joined the proceedings through video-conferencing.
Respondent No.2 is present in Court and is represented by her counsel, who has joined the proceedings through video-conferencing. The Investigating Officer is also present and duly identifies respondent No.2.
When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterates the terms of settlement as recorded in MoU. She submits that divorce by mutual consent has already taken place and she has already received settlement amount of Rs.1,80,000/- towards full and final settlement in lieu of alimony, istridhan, maintenance for self (past, present and future). 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, in view of such voluntary settlement, she would have ‘no objection’ if FIR in question is quashed. Her affidavit to abovesaid effect, clearly deposing therein that she does not want to pursue with FIR in question, has also been placed 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.
Consequently, to secure the ends of justice, FIR No. 146/2021 dated 28.02.2021, registered at Police Station Harsh Vihar, for commission of offences under Sections 498A/406/506/34 of IPC along with all consequential proceedings emanating therefrom, is hereby, quashed.
Original Memorandum of Understanding dated 27.01.2024 and original affidavits of petitioners and respondent No.2, copies of which have been filed with the present petition, 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.
Pending applications also stand disposed of in aforesaid terms