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Judgment
Petitioners herein seek quashing of FIR No. 0206/2019 dated 27.06.2019, registered at Police Station Sarai Rohilla, 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 04.12.2007, as per Hindu rites and customs. One male child was 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. While lodging the aforesaid complaint, she also made allegations against her husband about his indulging in unnatural sex and also made allegations against her father-in-law that he had outraged her modesty.
Charge-sheet has already been filed.
However, when the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Tis Hazari Courts, New Delhi on 14.01.2026 and have been able to resolve all their disputes and have decided to part ways, gracefully. As per the terms of such settlement, custody of their son would remain with respondent No.2 i.e. mother.
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 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 23.05.2026. She submits that in order to have peace of mind, though she has relinquished all her rights and claims regarding istridhan, alimony, maintenance for herself (past, present and future) but at the same time, as per the settlement, petitioner No.1 has agreed to make payment for a sum of Rs.62,00,000/- for the welfare, higher education, upbringing and future of their son. FDRs worth for Rs.40,00,000/- in the name of the son, under her guardianship, have already been received by respondent No.2 and the balance amount of Rs.22,00,000/-, in the shape of FDR has been received today by her. 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. 0206/2019 dated 27.06.2019, registered at Police Station Sarai Rohilla, 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 two weeks from today, so that these become part of Trial Court Record.
The petition stands disposed of in aforesaid terms.