Sonu @ Rakesh Kumar and Ors. v. State NCT of Delhi and Anr.

1. Petitioners herein seek quashing of FIR No. 712/2020 dated 22.12.2020, registered at Police Station Palam Village 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 complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 10.06.2019, as per Hindu rites and ceremonies. There is no child from the wedlock.

3. On account of matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of the abovesaid FIR.

4. Though charge-sheet has been filed but charges are yet to be framed.

5. Respondent No. 2 has joined the proceedings through videoconferencing. She has been identified by the investigating officer who CRL.M.C. 2597/2026 2 is present in Court.

6. Matter has been amicably settled and parties have been able to resolve all their disputes. Copy of Settlement Deed dated 07.07.2023 has been placed on record.

7. When asked, respondent No. 2 reiterates the terms of settlement as mentioned in Settlement Deed dated 07.07.2023 and has agreed to take divorce by way of mutual consent without any kind of monetary consideration and she has waived off all her rights related to alimony, istridhan, maintenance for self (past, present and future).

8. Parties have already taken divorce by way of mutual consent vide decree dated 05.09.2023.

9. Respondent No.2 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. Petitioner No. 1 and petitioner No. 3 are present in person whereas petitioner No. 2, who is, reportedly, an octogenarian, was to join the proceedings through videoconferencing but has not been able to join, due to technical glitches.

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.

12. Keeping in mind the overall facts of the case, the fact that parties have amicably settled their all disputes, continuing with criminal proceedings CRL.M.C. 2597/2026 3 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. 712/2020 dated 22.12.2020, registered at Police Station Palam Village for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is quashed. Original affidavits of the parties and Settlement Deed dated 07.07.2023 be submitted before the learned Trial Court within four weeks from today.

15. The petition stands disposed of in aforesaid terms.