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Judgment
Petitioners herein seek quashing of FIR No. 259/2023 dated 14.03.2023, registered at Police Station Subhash Place, 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 05.07.2020, as per Muslim rites and customs. One girl child is born from the abovesaid wedlock. However, 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 but charges are yet not ascertained.
With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 25.05.2026 and have been able to resolve all their disputes and have decided to part ways, gracefully. As per the settlement deed, the custody of the daughter of respondent No. 2 would be with her father i.e., petitioner No. 1 and the mother would have been visitation rights.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 is present in person with her parents and she has been duly identified by her counsel as well as by Investigating Officer.
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 states that she and petitioner no. 1 have taken talaq-e-mubarat on 25.05.2026 as recognized under Islamic Law. She states that she has entered into settlement without any pressure, coercion and undue influence and in terms of settlement, she has already received all her articles and a sum of Rs. 1,50,000/- towards full and final settlement in lieu of alimony, return of articles, maintenance (Nafaqa) (past, present and future). She submits that she has already received the settlement amount. She, while acknowledging the terms of the settlement, as recorded in MoU dated 25.05.2026, reiterates that 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. 259/2023 dated 14.03.2023, registered at Police Station Subhash Place, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU of the parties, 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.