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Judgment
Petitioners herein seek quashing of FIR No. 283/2023 dated 23.09.2023, registered at Police Station Hazarat Nizamuddin, 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 04.09.2022 as per Hindu rites and customs. However, the parties lived separately and respondent No.2 did not accompany petitioner to his home, even after marriage.
A complaint was lodged by respondent No.2 which resulted in registration of abovesaid FIR.
Charge-sheet has already been filed and case is, reportedly, at the stage of Prosecution Evidence.
With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 19.09.2025 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 and she has been duly identified by her counsel as well as by Investigating Officer.
When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 11.04.2026. She states that she has already received her jewellery articles, etc. She states that she has agreed to accept a total sum of Rs. 17,00,000/- 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.12,00,000/- and the balance amount of Rs.5,00,000/- has been received today in the shape of 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 petitioner.
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. 283/2023 dated 23.09.2023, registered at Police Station Hazarat Nizamuddin, for commission of offences under Sections 498A/406/34 IPC along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 20,000/- in the account of NDBA Members Welfare fund Account [Acc No. 18580110013847, IFSC Code UCBA0001858, UCO Bank, Patiala House] within four weeks from today.
Proof of deposit of cost, Original Memorandum of Understanding dated 19.09.2025 as well as original affidavits of the parties shall be submitted before the learned Trial Court within further two weeks.
The petition stands disposed of in aforesaid terms.
Pending application also stands disposed of.