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Judgment
Petitioners herein seek quashing of FIR No. 216/2023 dated 13.03.2023, registered at Police Station Dabri, 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.3 was solemnized in the year 2019, as per Hindu rites and customs.
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 and charges have also been framed. However, in relation to one petition filed by respondent No.2 before the Family Court, the parties were referred to Counseling Cell and when they appeared before the Counseling Cell, Family Courts, Delhi on 19.10.2024, the parties were able to amicably 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 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.
Respondent no. 2 states that she has foregone and abandoned all her rights relating to istridhan, alimony, maintenance etc. (past, present and future) and all the terms of settlement have been reiterated by her. She submits that there is already a decree of divorce by way of mutual consent which was passed on 06.06.2025. 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. 216/2023 dated 13.03.2023, registered at Police Station Dabri, 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 application also stands disposed of.