Sunil @ Sunil Malik & Ors. v. The State N.C.T. of Delhi & Anr.

1. Petitioners herein seek quashing of FIR No. 0562/2022 dated 14.08.2022, registered at Police Station Alipur, 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. Marriage between petitioner no. 1 and respondent no.2 was solemnised on 10.12.2020 as per the Hindu Rites and Ceremonies. There is no child from such 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. In her subsequent statement, CRL.M.C. 4582/2026 2 respondent No.2 also made allegations against her husband about his indulging in unnatural sex and also made allegations against her brother-in-law that he outraged her modesty.

4. Investigation is over and Charge-sheet has already been filed and the next date before the learned Trial Court is stated to be 07.12.2026.

5. Fact, however, remains that the parties have been able to amicably resolve the matter under the aegis of Mediation Centre, Rohini District Courts, Delhi. Terms of settlement are recorded in Mediation order dated 15.01.2026. As per settlement, parties have already obtained divorce by way of mutual consent on 15.04.2026.

6. Petitioners are present in court.

7. Respondent No.2 is also present along with her counsel. The Investigating Officer (I.O.) is present and duly identifies respondent No.2.

8. When asked, Respondent No.2 reiterated the terms of settlement and stated that she has agreed to accept a sum of Rs. 7 lacs as full and final settlement amount in lieu of alimony, istridhan, maintenance (past, present and future). A sum of Rs. 4.[5] lacs has already been received by her and the last installment of Rs. 2.[5] lacs has been received by her today, by way of demand draft drawn on Punjab National Bank. She also submits that all the jewellery articles, as mentioned in the mediation order, have already been received. 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. Her affidavit to abovesaid effect have also been placed on record.

9. Respondent no. 2 submits that, though, there were allegations against the petitioner No.1 for commission under Section 377 IPC also, but, the FIR CRL.M.C. 4582/2026 3 was registered, primarily, because there were temperamental differences. She also submits that she also wants to move on with her life and wants to settle and, therefore, she does not want the present FIR to remain alive, anymore.

10. In Narinder Singh & Ors. vs. State of Punjab & Anr., (2014) 6 SCC 466, the Apex Court observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings, and that the scope of conviction was remote and bleak. Reference be made to Gian Singh v. State of Punjab & Anr. (2012) 10 SCC

303.

11. Keeping in mind the overall facts of the case and the fact that parties have settled their all disputes amicably and respondent no. 2 does not want to pursue her complaint against petitioners herein, continuing with criminal proceedings would serve no useful purpose. Moreover, the dispute does not involve any public interest and is private in nature.

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. 0562/2022 dated 14.08.2022, registered at Police Station Alipur, 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. CRL.M.C. 4582/2026 4

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