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HIGH COURT OF DELHI
Decision delivered on: 16.10.2023
MANNAN & ORS. ..... Petitioners
Through: Shri Chaman Kumar, Adv.
Through: Shri Priyanka Dalal, APP for State with IO SI Abhishek, PS Khajuri
Khas Shri Mohd Irfan, adv for respondent no. 2/complainant with complainant in person
JUDGMENT
1. Allowed, subject to just exceptions.
2. Application stands disposed of.
3. The petitioners as well as respondent no. 2/complainant defacto are present in court and identified by their respective counsel as well as the IO SI Abhishek, PS Khajuri Khas.
4. By way of this petition brought under Section 482 CrPC, petitioners being the husband and in laws of complainant defacto/respondent no. 2 have sought quashing of FIR No. 262/2017, registered by PS Khajuri Khas for the offence under Section 498A/406/34 IPC on the complaint of complainant defacto/respondent no. 2.
5. It is submitted by both sides that chargesheet pertaining to the said FIR is yet to be filed.
6. Petitioner no. 1 got married with respondent no. 2 on 08.04.2015 but they were not blessed with any child and are living separate from each other since 02.06.2016.
7. On account of temperamental incompatibilities, petitioner no. 1 and respondent no. 2 opted to dissolve their marriage by way of khula for which a divorce deed dated 15.09.2023 was executed by them.
8. With the good offices of their common relatives, parties also settled all their disputes by way of settlement deed dated 15.09.2023. It is stated by both sides, especially the respondent no.2 that she has settled all her disputes related to sridhan with the petitioners and has already received the compromise amount of Rs. 3,20,000/-, leaving no further dues.
9. Respondent no. 2 submits that she does not wish to proceed further in the criminal proceedings related to the abovementioned FIR as she wants to move on, having settled all her disputes with the petitioners, therefore, she has no objection if the petition is allowed.
10. In order to bring a permanent quietus to the disputes between the parties and in the interest of justice, it would be apposite if the said FIR and the investigation proceedings are quashed so that parties may live peacefully in their respective life.
11. Therefore, the petition is allowed and the FIR No. 262/2017 registered by PS Khajuri Khas for offence under Section 498A/406/34 IPC on the complaint of the present respondent no. 2 as well as the investigation proceedings arising out of the same are quashed.
12. Petition accordingly stands disposed of.
GIRISH KATHPALIA (JUDGE) OCTOBER 16, 2023