Kishan Veer Singh & Ors. v. Govt of NCT of Delhi & Anr.

1. Petitioners herein seek quashing of FIR No.111/2022 dated 22.01.2022, registered at Police Station Wazirabad, 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 28.11.2014, as per Hindu rites and customs. One baby-boy was born from the abovesaid wedlock.

3. However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it CRL.M.C. 4559/2026 2 resulted into registration of the abovesaid FIR.

4. Charge-sheet has already been filed and the case is at the stage of Prosecution Evidence.

5. When the matter was referred to Mediation, the parties were able to amicably resolve the matter under the aegis of Counselling Cell, Family Court, Tis Hazari Courts, Delhi on 14.02.2025. As per the terms of settlement, the custody of son would be with the mother, i.e. respondent No.2, with visitation rights to father as per convenience of child.

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 in Court and she has been duly identified by her counsel, who has joined the proceedings through video-conferencing as well as by Investigating Officer, who is present in Court.

9. 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 16.07.2025. She states that she has agreed to accept a total sum of Rs. 5 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. 3.[5] lacs and the balance amount of Rs. 1.[5] lacs has been received today in the shape of Demand Draft drawn on Indian Overseas Bank. 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whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed and other cases have also been withdrawn.

10. Petitioner No.1 also undertakes to adhere to the terms of settlement. CRL.M.C. 4559/2026 3

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. 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.111/2022 dated 22.01.2022, registered at Police Station Wazirabad, 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.

14. The next date before the learned Trial Court is 16.09.2026.

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