Mahinder Kumar alias Mahinder Nikham & Ors. v. State of NCT of Delhi & Anr.

1. The present petition has been filed seeking quashing of FIR NO. 0043/2018 registered at PS Inder Puri, Delhi, under Sections 498A/406/34 IPC. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 22.04.2015 as per Hindu rites and customs. One child was born out of this wedlock on 12.07.2021. Thereafter owing to temperamental differences the respondent no. 2/complainant got registered the present FIR against the petitioners. Chargesheet has been filed and the matter is pending adjudication before the learned MM, Patiala House Courts, Delhi.

3. However, due to the intervention of family members and well-wishers, the parties by way of a verbal compromise have amicably settled all their disputes and have been living together as husband and wife since 30.06.2020.

4. The petitioners and the complainant/respondent no. 2 are present before this court in person and have been duly identified by the IO. Complainant/respondent no. 2 states that she was married to the petitioner No. 1 namely Mahinder Kumar on 22.04.2015. She statesthat one child was born out of wedlock on 12.07.2021. She statesthat she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. She further states that the petitioner No.1 and her are living together as husband and wife, happily and peacefully since 30.06.2020. She statesthat she has settled the dispute voluntarily out of her own free will, without any fear, force or coercion and has no objection if the present FIR and all criminal proceedings emanatingtherefrom are quashed.

5. Learned counsel for the petitioner submits that since the parties have resolved all their differences amicably and are living together as husband and wife, therefore, no useful purpose would be served by continuing the abovesaid FIR and the proceedings emanating therefrom and seeks quashing of the same

6. The parties have amicably settled all their disputes and are living together as husband wife since 30.06.2020. The complainant/ respondent No.2 does not wish to pursue the present FIR. In such circumstances continuance of FIR No.0043/2018 would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility. The chances of conviction would also be bleak and remote, given that the complainant does not wish to pursue the present complaint on account of the verbal compromise. I do not see any reason to reject the compromise especially since the parties have been residing together since over two years now and have settled all their disputes. This court considers that it is better to put a quietus to the dispute in matrimonial matters where the wrong is basically private or personal in nature and the parties have amicably resolved their entire dispute.The Supreme Court and this Court have time and again held that cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement. Reliance can be placed on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

7. Considering the totality of facts and circumstances of the case and in view of the submissions of respondent no.2/ Ms. Priyanka, the case FIR No. 0043/2018 registered at PS Inder Puri, Delhi, under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed.

8. Accordingly, the present petition stands disposed of.

DINESH KUMAR SHARMA, J FEBRUARY 08, 2023