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Judgment
Petitioners herein seek quashing of FIR No. 152/2024 dated 16.05.2024, registered at Police Station Mohan Garden, Delhi, 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 08.12.2022, as per Hindu rites and customs. No 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.
However, when the matter was referred to Mediation by learned Trial Court, the parties were able to amicably resolve the matter under the aegis of Mediation Centre, Dwarka Courts, New Delhi on 12.02.2024.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.
When asked, respondent No. 2 reiterates the terms of settlement as mentioned in order dated 07.10.2024. She submits that there is already a divorce between them by way of mutual consent on 04.06.2025. She states that she has agreed to accept a total sum of Rs. 5,00,000/- as full and final settlement in lieu of alimony, maintenance for self (past, present and future) and that she has already received the abovesaid amount as well as her istridhan articles as described in mediation proceedings. 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. 152/2024 dated 16.05.2024, registered at Police Station Mohan Garden, Delhi, for commission of offences under Sections 498A/406/34 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.