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Judgment
Petitioners herein seek quashing of FIR No. 44/2021 dated 05/10/2021, registered at Police Station Crime (women) Cell, Nanakpura, 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 03.02.2020, 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.
With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 21.01.2025 and have been able to resolve all their disputes and have decided to part ways, gracefully.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 and her counsel have joined the proceedings through video-conferencing and she has been duly identified by I.O. and she submits that the matter has been amicably settled. She refers to the settlement deed dated 21.01.2025 and submits that as per the mutual settlement, all the disputes have been amicably resolved and she has agreed to accept a total sum of Rs.9 lacs.
Respondent no.2 states that she is yet to receive balance payment of Rs.1.75 lacs which is agreed to be given to her at the time of her making statement with respect to second motion. She submits that as per the settlement agreement, the petitioner has agreed to make the payment of the abovesaid amount as well as some gold ornaments at the time of recording of her statement before the Family Court.
Learned counsel for the petitioners assures that all the terms of the settlement would be duly adhered to by the petitioners. Petitioners who have joined the proceedings also undertake to do so.
Respondent no.2 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. 44/2021 dated 05/10/2021, registered at Police Station Crime (women) Cell, Nanakpura, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioner depositing total cost of Rs. 10,000/- with Delhi High Court Legal Services Committee (DHCLSC) within four weeks.
Proof of deposit of cost and original affidavits of the parties be submitted before the learned Trial Court within further two weeks.
The petition stands disposed of in aforesaid terms.
The pending applications also stand disposed of.