SANJEEV ARORA v. THE STATE OF NCT OF DELHI AND ANR.

1. Petitioner herein seek quashing of FIR No. 280/2014 dated 02.07.2014, registered at Police Station Maya Puri, for commission of offences under Sections 376/506/509/323/354B 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 09.03.2014, as per Hindu rites and customs.

3. However, on account of temperamental differences, the parties started CRL.M.C. 7493/2024 2 residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

4. Later on, when the charge-sheet was filed, Section 377 IPC was also added.

5. Charges are yet to be framed.

6. Fact, however, remains that the allegation in context of sexual assault, unnatural sex and tearing of clothes, have been attributed by respondent No.2 against her husband, only.

7. With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 01.08.2024 and have been able to resolve all their disputes and have decided to part ways gracefully.

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

9. Respondent no. 2 has joined the proceedings through video-conferencing and she has been duly identified by her counsel as well as by Investigating Officer.

10. When asked, respondent No. 2 reiterates the terms of abovesaid settlement and does not want to pursue her FIR/complaint. She also submits that there is already a divorce between them by way of mutual consent, way back, on 07.01.2019 and that, thereafter they entered into settlement on 01.08.2024. She reiterates the terms of the MoU and submits that matter has already been amicably settled and she does not want to pursue her complaint/FIR and further. She also submits that she has already moved on as she has re-married. It is apprised that even the petitioner has re-married. 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 CRL.M.C. 7493/2024 3 therefore, she would have ‘no objection’ if FIR in question is quashed.

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 and, as noted already, after divorce in the year 2019, they have already moved on, in their respective lives.

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. 280/2014 dated 02.07.2014, registered at Police Station Maya Puri, for commission of offences under Sections 376/506/509/323/354B IPC, along with all consequential proceedings arising therefrom, are, hereby, quashed subject to petitioners depositing cost of Rs. 20,000/-, in the account of Delhi High Court Legal Services Committee (DHCLSC) within two weeks.

14. Proof of deposit and original affidavits of the parties be submitted to the learned Trial Court within further period of two weeks.

15. The petition is disposed of in aforesaid terms.