Harish Kumar and Ors. v. The State (NCT of Delhi) and Anr

1. Petitioner seeks quashing of FIR No. 0643/2022 dated 24.12.2022, registered at Police Station Vikaspuri, 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. The marriage between petitioner No.1 and respondent No.2 was solemnized on 28.04.2008, as per Hindu rites and customs. They were blessed with two children.

3. However, on account of temperamental differences and matrimonial discord, the parties started residing separately and when a complaint was CRL.M.C. 3253/2026 2 lodged by respondent No.2, it resulted in registration of abovesaid FIR. Such FIR is directed against her husband and her parents-in-law.

4. Charge-sheet has been filed.

5. Fact, however, remains that when, in connection with one complaint filed by respondent No.2 under Section 12 of Protection of Women from Domestic Violence Act, 2005, the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Dwarka Courts, Delhi on 30.01.2026.

6. As per the settlement, the respondent No.2 has agreed to withdraw her maintenance case under Section 125 Cr.P.C. and has also given her no objection to the quashing of the present FIR. As per settlement, the children would be in the custody of respondent No.2, with visitation rights to the petitioners for every Second Saturday between 12 noon to 6 p.m., at the convenience of both the children. The settlement further records that there is no possibility of there being any reunion between them and her husband i.e. petitioner No.1, has agreed to pay a sum of Rs. 40,000/- per month towards the maintenance/education of both his minor children, and the same would be payable from 01.04.2026 onwards.

7. Petitioners are present in person.

8. Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.

9. When asked, respondent No. 2 reiterates the terms of the abovesaid settlement. 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 terms of the abovesaid settlement. She states that there is no CRL.M.C. 3253/2026 3 decision with respect to divorce by way of mutual consent, as on date.

10. Parties have also consciously agreed that, in case, there is any breach/violation/deliberate disobedience of the terms of the settlement, it would invite contempt proceedings under Section 2(b) of Contempt of Courts Act, 1971.

11. Petitioner No.1, who is also present in person, reiterates the terms of settlement and undertakes to comply with the terms mentioned therein. Such undertaking is taken on record.

12. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose.

13. 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.

14. Consequently, to secure the ends of justice FIR No. 0643/2022 dated 24.12.2022, registered at Police Station VikasPuri, for commission offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising 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 within two weeks from today, so that these become part of Trial Court Record.

15. The petition stands disposed of in aforesaid terms.