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Judgment
Petitioners herein seek quashing of FIR No. 870/2014 dated 12.11.2014, registered at Police Station North Rohini, 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 23.11.2010, as per Hindu rites and customs. One baby girl is born from the abovesaid wedlock.
However, on account of temperamental differences, the parties started CRL.M.C. 2032/2026 1 residing separately w.e.f July, 2013 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.
Charge-sheet has already been filed.
As per the order dated 27.04.2016 passed by the learned Trial Court, summons were issued to Kapil Malhotra, Mr. Rajendera Kumar Malhotra and Mr. Kamlesh Malhotra and the other two accused persons were not summoned as there were no specific allegations against them.
Mr. Rajendera Kumar Malhotra has already died and the proceedings qua him stand abated.
When the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Rohini District Courts, Delhi on 13.11.2024.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 is present through video-conferencing and she has been duly identified by her counsel as well as by 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 12.08.2025. She states that she has agreed to accept a total sum of Rs. 15,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received the abovesaid amount. Her daughter would remain in her custody and there is a provision of visitation rights to the petitioners in the settlement agreement dated 13.11.2024.
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 CRL.M.C. 2032/2026 2 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. 870/2014 dated 12.11.2014, registered at Police Station North Rohini, for commission of offences under Sections 498A/406 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.
Original affidavits, 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.