The express consent of the complainant, coupled with a settlement agreement, warrants the quashing of FIR under Section 482 of the Code of Criminal Procedure.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 498-A, 406, and 34 - Quashing of FIR - Respondent initiated settlement stating no child issued from marriage and receiving compensation of Rs.14,50,000/- - Respondent voluntarily states no objection to quashing of FIR - Voluntary statements made without coercion - All proceedings quashed. (Paras 1-3) (

Findings of Court:
The statement by respondent indicates willingness to resolve the matter amicably, supporting the quashing of FIR under the circumstances.) (

Issues: Whether the quashing of FIR is justified based on the consent of the parties involved?) (

Ratio Decidendi: The court held that where complainant expresses the desire to withdraw from a case and affirms the settlement, the FIR can be quashed for reasons of justice and equity.) (

Result: Petition disposed of with FIR quashed.)

Table of Content
1. details of marriage and settlement agreement. (Para 1 , 2)
2. quashing of fir based on respondent's statement. (Para 3)
3. disposal of the petition. (Para 4)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Statement of Respondent No.2/Ms. Shivani Chawla has been recorded separately wherein she has stated that she was married to Rahul Suri on 5th October, 2017 and remained together with the petitioner till 28th February, 2018. No child was born out of the wedlock. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 07th April, 2022 by the Principal Judge, Family Court, North, Rohini, Delhi.

2. Respondent No.2 further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 26th November, 2021. As per the settlement, she has received an amount of Rs.14,50,000/- by way of a Demand Draft bearing No. 778461 dated 7th January, 2022 (re-validated on 27th September, 2022) drawn on Union Bank of India. Respondent states that she has no objection if the FIR No.264/2019 U/s 498-A/406 IPC registered at P.S. Rajouri Garden and all other proceedings emanating therefrom are quashed. It has also been stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

3. In view of the statement of respondent no.2/Ms.Shivani Chawla recorded separately, the case FIR No.264/2019 U/s 498-A/406/34 IPC registered at P.S. Rajouri Garden and all other proceedings emanating therefrom are quashed.

4. The present petition stands disposed of.

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