Sudhir Kumar & Anr. v. The State Govt of NCT of Delhi and Anr

1. Petitioners herein seek quashing of FIR No.214/2022 dated 02.11.2022, registered at Police Station Jaffarpur Kalan, 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 09.11.2008, as per Hindu rites and customs. They were blessed with a baby girl, out of the said wedlock.

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

4. Charge-sheet has already been filed and the case is at the stage of CRL.M.C. 4554/2026 2 Prosecution Evidence.

5. When the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Dwarka Courts, New Delhi on 04.04.2026. As per the terms of settlement, the custody of daughter would be with father, i.e. petitioner No.1 and such minor daughter has been permitted to take appropriate relief with respect to the aspects related to her maintenance, education and upbringing.

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

7. Petitioners are present in Court.

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

9. Both the sides undertake to adhere to the terms of settlement.

10. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 30.04.2026. She states that she has agreed to accept a total sum of Rs. 19 lacs as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits that she has already received a sum of Rs. 12 lacs and the balance amount of Rs. 7 lacs has been received today in the shape of Demand Draft drawn on State Bank of India. 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.

11. Respondent No.2 has also handed over the dependent card issued for the purposes of medical reimbursement etc. to petitioner No.1.

12. In view of the settlement arrived at between the parties, continuing with CRL.M.C. 4554/2026 3 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.

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.214/2022 dated 02.11.2022, registered at Police Station Jaffarpur Kalan, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 10,000/- with Delhi High Court Legal Services Committee (DHCLSC) within four weeks. Proof of deposit of cost and original affidavits of the parties shall be submitted within further two weeks before the learned Trial Court.

15. The present petition stands disposed of in aforesaid terms.