Vikas Girsa & Ors. vs The State Govt Of Nct Of Delhi & Anr.

Ravinder Dudeja, J.

Allowed, subject to all just exceptions.

This application stands disposed of.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0295/2024, dated 29^th June, 2024, registered at P.S Dwarka, 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 20^th February, 2022 as per Hindu rites. No child was born from the abovesaid wedlock.

However, on account of temperamental differences, the parties started residing separately since 27^th April, 2022 and upon a complaint lodged by respondent No.2, the abovesaid FIR was registered.

Charge-sheet has already been filed.

During the course of proceedings, the parties amicably resolved their disputes before the Counselling Cell, Family Court Tis Hazari Courts and the terms of the compromise were reduced into writing in the form of a Settlement Agreement dated 16^th May, 2026. It is submitted that petitioner no. 1 and respondent no. 2 have obtained divorce on 24^th August, 2026 and the petitioner no. 1 has paid the entire settlement amount of Rs. 42,50,000/- (Rupees Forty-Two Lakh Fifty Thousand Only) and the gold/silver articles as per annexure 1 annexed with the settlement. Copy of the Settlement Agreement dated 16^th May, 2026 has been annexed as Annexure P-2.

Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Pragati and ASI Rajender, from PS Dwarka North and Special Branch respectively.

Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the entire settlement amount along with the articles as per list and therefore has no objection, if the FIR No. 0295/2024 is quashed against the Petitioners.

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. 0295/2024, dated 29^th June, 2024, registered at P.S Dwarka, Delhi under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed. 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, so that these become part of Trial Court Record and shall also be submitted to concerned SHO/IO within four weeks from today.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.