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Judgment
Petitioners herein seek quashing of FIR No. 298/2022 dated 15.11.2022, registered at P.S. Gulabi Bagh, Delhi, 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 06.02.2013 as per Hindu rites and ceremonies. However, due to certain temperamental differences and incompatible behavior and conduct, the parties started living separately w.e.f. 2017.
Fact, however, remains that on the basis of the complaint made by respondent No.2, the abovesaid FIR was registered on 15.11.2022.
Chargesheet has already been filed and two of accused are mentioned in column No.12.
Charges have yet not been framed.
Fact, however, remains that, thereafter, the parties have been able to resolve all their disputes.
Parties are present in Court and the Court has interacted with them.
Respondent No.2 is present and is represented by her counsel. When asked, respondent No.2 has reiterated the terms and conditions of the settlement and submits that in view of the settlement, she is no longer interested in pursuing with instant FIR. The question of custody and maintenance of the child has been left, to be decided by the Competent Court, in accordance with law.
The Investigating Officer (I.O.) is present and identifies her.
Respondent No.2 has also agreed to accept a sum of Rs. 1,85,000/- as full and final settlement in lieu of alimony, istridhan, maintenance for self (past, present and future). The balance amount of a sum of Rs.50,000/- has been received by her today during the course of proceedings, by way of Demand Draft bearing No. 85719000000200000053116 dated 23.01.2026 drawn on State Bank of India.
In terms of settlement, the parties have already obtained divorce by way of mutual consent on 19.12.2023.
Respondent No.2 is residing in Delhi and petitioners are resident of Mathura, UP and during the course of consideration today, the visitation has been agreed in the following manner:-
As offered by respondent No.2, the visitation would take place on every second Saturday and fourth Sunday of each Month.
The duration of the visitation would be of four hours.
Thus, there would be two visitations, every month. One such visitation shall take place in Delhi and the other in Mathura, UP and the place and time shall be as per the mutual discussion between the parties.
The petitioner No.1 undertakes that whenever respondent No.2 wants to talk to her son, she would be at liberty to call him up on his Mobile Number, the details of which are already with respondent No.2.
Such arrangement shall continue till any application seeking custody or visitation rights is filed before the Competent Court.
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. 298/2022 dated 15.11.2022, registered at P.S. Gulabi Bagh, Delhi, under Sections 498A/406/34 IPC along with all consequential proceedings emanating therefrom, is hereby, quashed.
The petition stands disposed of in aforesaid terms.