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Judgment
Petitioners herein seek quashing of FIR No. 0321/2023 dated 20.04.2023, registered at Police Station Adarsh Nagar, 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 16.02.2021, as per Hindu rites and customs. There is no child from the 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 been able to resolve all their disputes and are now enjoying blissful life together.
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 reiterated the terms of abovesaid settlement and states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever. She submits that she has resumed matrimonial ties with her husband after burying the hatchet and is, presently, living with her husband for last four years and would have no objection if the present FIR 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. 0321/2023 dated 20.04.2023, registered at Police Station Adarsh Nagar, 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.
Pending applications also stand disposed of.