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Judgment
The present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of proceedings arising out of FIR No. 536/2019 registered at Police Station Baba Haridas Nagar for offences under Sections 406/498A/34 along with all proceedings emanating therefrom.
Aforesaid FIR was registered on the basis of complaint made by the respondent No.2 Ms. Kavita Devi who got married to petitioner No.1 on 15.06.2013 as per Hindu rites and rituals. Admittedly, there is one baby girl born from the abovesaid marriage.
However, Ms. Kavita Devi lodged a report with the police with respect to alleged cruelty meted out to her by her husband and in-laws which resulted in registration of the abovesaid FIR.
Owing to certain matrimonial discord and differences, the parties started living separately.
Complaint of cruelty was directed against four accused persons including father-in-law. However, during investigational stage only, father-in-law of the complainant had expired and his death was verified and such fact was also verified in the charge-sheet itself.
As per deposition in her affidavit, complainant has categorically claimed that she has resolved her matrimonial disputes and has entered into settlement with her own free will and without any force or coercion. She also submits that she has been living with her husband/accused Suraj Kumar since July, 2023.
During course of hearing and on the basis of specific query, complainant Ms. Kavita Devi reiterated that she was no longer interested in continuing with her criminal proceedings and wanted entire FIR against all the four accused persons to be quashed.
Affidavits of accused Anand Kumar (brother-in-law) and Mrs. Sudaxina @ Dakshera Devi (mother-in-law) are also on record. They are, reportedly, residents of Uttar Pradesh.
In view of the settlement arrived between the parties, continuing with criminal proceedings would serve no useful purpose especially when dispute does not involve any public interest or interest of the society at large. 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 FIR in question.
Consequently, to secure the ends of justice, FIR No. 536/2019 registered under Sections 406/498A/34 IPC at Police Station Baba Haridas Nagar along with all consequential proceedings emanating therefrom is, hereby, quashed.
The petition stands disposed of in aforesaid terms.
Pending applications also stand disposed of.