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Judgment
Petitioners herein seek quashing of FIR No. 951/2021 dated 04.09.2021, registered at police station Paschim Vihar 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 04.02.2014, as per Hindu traditions, rites and customs. The couple was blessed with one male child from such wedlock.
However, on account of temperamental differences, the parties started residing separately.
On account of matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of the abovesaid FIR.
Charge-sheet has yet not been filed.
With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 12.08.2024 and have been able to resolve all their disputes and have decided to live together.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 has joined the proceedings through videoconferencing and she is duly identified by IO-SI Sweta.
When asked, respondent No. 2 submitted that the matter has been amicably settled and she is residing with her husband and her in-laws in complete peace and harmony since September 2024. She states that all the terms of settlement have already been implemented and in terms of such settlement, she does not want to pursue present FIR.
Keeping in mind the overall facts of the case and the fact that respondent No. 2 is residing happily with her husband/petitioner no. 1 and does not want any further action against any of the petitioners, continuing with criminal proceedings would serve no useful purpose, especially, when the couple is now enjoying matrimonial bliss. Moreover, the dispute does not involve any public interest and is private in nature.
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. 951/2021 dated 04.09.2021, registered at police station Paschim Vihar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is quashed.
Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the concerned SHO/IO within four weeks from today.
The petition stands disposed of in aforesaid terms.
Pending application also stands disposed of in aforesaid terms.