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Judgment
Petitioners herein seek quashing of FIR No. 452/2019 dated 02.12.2019, registered at P.S. Janak Puri, 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 25.06.2019, as per Hindu rites and ceremonies. No child is born from the abovesaid wedlock.
However, due to certain temperamental differences, the parties started living separately w.e.f. 03.08.2019 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.
Charge-sheet has already been filed, albeit, charges are yet to be framed.
However, when the matter was referred to counselling, the parties were able to amicably resolve the matter under the aegis of Counselling Cell, Family Courts, Dwarka on 15.02.2021.
Copy of such settlement is also placed on record.
It is in the abovesaid backdrop that quashing is being sought.
Respondent no. 2 has joined the proceedings through video-conferencing and she has been duly identified by her counsel as well as by Investigating Officer. Her father is present in Court and he has also been duly identified by his counsel as well as by I.O. and a Demand Draft of Rs.5,00,000/- has been handed over to him. The handing over of abovesaid balance amount to father of respondent No.2 is as per her desire and wish and she has also acknowledged the same through video-conferencing.
When asked, respondent No. 2 reiterates the terms of settlement. She submits that there is already a divorce between them by way of mutual consent on 13.08.2021. She states she has already withdrawn other matters and has agreed to accept a total sum of Rs.25,00,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received Rs.20,00,000/- and the balance amount of Rs.5,00,000/- has been received by her through her father by way of said Demand Draft drawn on ICICI Bank. 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 the BNSS, it is deemed appropriate to quash the instant FIR.
Consequently, to secure the ends of justice, FIR No. 452/2019 dated 02.12.2019, registered at P.S. Janak Puri, under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total cost of Rs. 20,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today.
Proof of deposit of cost and 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 further period of two weeks, so that these become part of Trial Court Record.
The petition stands disposed of in aforesaid terms.
Pending applications also stand disposed of.