Kapil Kumar and Others v. The State and Another

1. Petitioners herein seek quashing of FIR No. 70/2023 dated 17.01.2023, registered at P.S. Harsh Vihar, under Sections 498A/406/34 of Indian Penal Code, (IPC) 1860 and Sections 3, 4 of Dowry Prohibition Act, 1961 along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Petitioner No.1 got married to respondent No.2/ complainant on 01.12.2019, as per Hindu rites and ceremonies. There is no offspring from the said wedlock.

3. However, on account of certain matrimonial discord, the couple started residing separately from 11.05.2022. Respondent No.2 also lodged complaint against petitioners which resulted in registration of aforesaid FIR.

4. The parties have, however, entered into amicable settlement and pursuant to such settlement, they both have already obtained a decree of divorce by way of mutual consent. Copy of decree dated 06.09.2025, dissolving the marriage in question is placed on record.

5. Respondent No.2 has also agreed to accept a sum of Rs. 12,25,000/- as full and final settlement in lieu of maintenance, istridhan, alimony (past, present CRL.M.C. 310/2026 2 and future). Out of the said amount, she has already received a sum of Rs. 10,00,000/- and the balance amount of a sum of Rs. 2,25,000/- has been received by her today during course of proceedings, by way of Demand Draft bearing No. 24346711001222520581816 dated 04.12.2025 drawn on Bank of Baroda.

6. Parties are present in Court and the Court has interacted with them. Upon a query to respondent No.2, she submits that in view of the settlement, she is no longer interested in pursuing with instant FIR.

7. The Investigating Officer (I.O.) is present and identifies the complainant.

8. 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.

9. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.

10. Consequently, to secure the ends of justice, FIR No. 70/2023 dated 17.01.2023, registered at P.S. Harsh Vihar, under Sections 498A/406/34 of IPC and Sections 3, 4 of Dowry Prohibition Act, 1961, along with all consequential proceedings emanating therefrom, is hereby, quashed.

11. The petition stands disposed of in aforesaid terms.

JUDGE JANUARY 14, 2026/sw/sa