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Judgment
Petitioners herein seek quashing of FIR No. 037/2021 dated 10.02.2021, registered at Police Station Sonia 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 27.06.2019 as per Hindu rites and Ceremonies. No child was born from 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.
In the interregnum, both the parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 14.09.2025 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 is present in-person in Court along with her father and she has been duly identified by Investigating Officer.
When asked, respondent No. 2 reiterated the terms of the settlement. She submits that their second motion petition under Section 13 of Hindu Marriage Act, 1955 was allowed on 22.09.2025. She states that she has agreed to accept a total sum of Rs.3,50,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs.3,00,000/- and the balance amount of Rs.50,000/- has been received today in the shape of Demand Draft drawn on Bank of India. 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. 037/2021 dated 10.02.2021, registered at Police Station Sonia Vihar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.
Original affidavits and MoU of the parties, shall be submitted before the learned Trial Court within further two weeks from today.
The present petition stands disposed of in aforesaid terms.
Pending application also stands disposed of.