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Judgment
Both the petitions, being connected, have been taken up together and are being disposed of by this common order.
Petitioner No.1/husband-Sachin Ghai and his parents seek quashing of FIR No.0361/2022 dated 02.07.2022 (in CRL.M.C. 5798/2026) registered at Police Station Geeta Colony, 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 abovesaid FIR was registered on the basis of complaint made by respondent No.2/wife-Vimmi Ghai.
Marriage between petitioner No.1 and respondent No.2 was solemnized on 20.03.2012 as per Hindu rites and customs. One girl child was born from the abovesaid wedlock.
Fortunately, when the parties were referred to counseling, both the parties were able to resolve all their disputes under the aegis of learned Family Court, East District, Karkardooma Courts, New Delhi on 24.02.2026 and have agreed to part way in a graceful manner.
Copy of Settlement Deed is on record.
Petitioners are present in Court.
When asked, respondent No.2 i.e. complainant in FIR No.0361/2022 submits that as per the terms of Settlement Deed, petitioner/husband has agreed to make payment of Rs.37,75,000/- to her as settlement for all dues related to maintenance (past, present and future), alimony, istridhan and other expenses, including maintenance towards their daughter. She states that there is already a decree of divorce by way of mutual consent on 08.05.2026. As per settlement, custody of their daughter would remain with her, with no visitation rights to the petitioner.
Coming to the other case which seeks quashing of FIR No.309/2022 registered at P.S. Seemapuri, an incident took place on 28.03.2022, when the parties had come to CAW Cell in relation to the proceedings, pending with respect to the said complaint filed by respondent No.2 with the police. After the hearing was over, respondent No.2 and her brother were beaten up and obscene words were also used by the accused persons i.e. Sachin Ghai (husband of respondent No.2) and his three relatives and when the matter was reported to the police, it resulted in registration of abovesaid FIR.
Fact remains that Settlement Deed is wholesome and it also refers to the settlement with respect to the abovesaid connected FIR.
Respondent Nos.2 and 3 in Crl. M.C. 5675/2026 are present in Court, whereas respondent Nos.4 and 5 have joined the proceedings through video-conferencing and they reiterate the terms of the settlement and submit that they would have ‘no objection’ if the FIRs in question i.e. FIR No.0361/2022 and FIR No.309/2022 are quashed.
Charge-sheet has already been filed in both the abovesaid matters.
It is quite evident that the dispute is, primarily, matrimonial in nature.
Moreover, both the relevant parties have already taken divorce by mutual consent and have decided to move on in their respective lives.
The Court has also gone through the terms of the settlement recorded in the Settlement Deed and keeping in mind the same and the stand taken by respondents today, no useful purpose would be served in continuing with criminal proceedings.
Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash both the FIRs.
Consequently, to secure the ends of justice, FIR No. 361/2022 dated 02.07.2022, registered at Police Station Geeta Colony and FIR No. 309/2022 dated 28.03.2022, registered at Police Station Seemapuri, along with all consequential proceedings arising therefrom, are, hereby, quashed.
Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted to learned Trial Court within two weeks from today, so that these become part of the Trial Court Record.
The present petitions stand disposed of in aforesaid terms.
Pending applications also stand disposed of.
