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Judgment
Petitioners herein seek quashing of FIR No. 0123/2023 dated 30.07.2023, registered at Police Station Naraina, for commission of offences under Sections 498A/406 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 12.02.2021, as per Hindu rites and customs. There is no child from aforesaid 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 and case is at the stage of prosecution evidence.
However, when parties were referred to Counselling Cell, Family Court, North-West, Rohini Delhi on 20.02.2024, they were able to amicably resolve their all disputes.
Copy of such Settlement Agreement is already on record.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 is present in person along with her father. She has been duly identified by her counsel and investigating officer.
When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She submits that there is already a divorce between them by way of mutual consent on 21.04.2024. She submits that as per the settlement, she has agreed to accept a sum of Rs. 2,00,000/- towards her claims with respect to istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 1,50,000/- and balance amount of Rs. 50,000/- has been received by her today by way of Demand Draft drawn on Panjab National Bank. 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. 0123/2023 dated 30.07.2023, registered at Police Station Naraina, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.
Original affidavits 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.
Pending application also stands disposed of.