Durga Prasad Gupta and Ors v. The State Govt. of NCT Delhi and Anr

1. Petitioners herein seek quashing of FIR No. 1176/2018 dated 23.12.2018, registered at Police Station Mangol Puri, 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.

2. Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 29.01.2015 according to Hindu rites and ceremonies. Couple was blessed with baby boy on 13.12.2015.

3. On account of some matrimonial discord and temperamental differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR.

4. Charge-sheet has already been filed. CRL.M.C. 3357/2026 2

5. Fact, however, remains that parties have been able to settle all their matrimonial disputes and have entered into Memorandum of Understanding on 26.10.2024.

6. It is in the abovesaid backdrop that quashing is being sought.

7. Respondent No.2 is present with her counsel and has been duly identified by her counsel as well as by Investigating Officer.

8. When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Memorandum of Understanding on 26.10.2024. As per terms of settlement, respondent no. 2 has agreed to accept a total sum of Rs. 17,00,000/- towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 12,00,000/and balance amount of Rs. 5,00,000/- has been received today in the shape of Demand Draft bearing No. 007356 dated 18.03.2026 drawn on IDBI Bank. Custody of aforesaid child will remain with respondent No. 2 and petitioner No. 1 shall have no visitation rights.

9. 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.

10. Parties have already taken divorce by way of mutual consent on 06.03.2025.

11. 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. CRL.M.C. 3357/2026 3

12. 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.

13. Consequently, to secure the ends of justice, FIR No. 1176/2018 dated 23.12.2018, registered at Police Station Mangol Puri, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original Memorandum of Understanding dated 26.10.2024 as well as original affidavits of the parties shall be submitted before the learned Trial Court within four weeks.

14. The petition stands disposed of in aforesaid terms.

15. Pending application also stands disposed of.