In this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (or corresponding provisions) for quashing FIR No. 136/2023 registered at Police Station Badarpur for offenses under Sections 498A, 406, and 34 of the IPC, the petitioners sought relief based on an amicable settlement with the de facto complainant (respondent No. 2). Justice Girish Kathpalia allowed the petition and quashed the FIR, noting upon direct interaction with respondent No. 2 that she had happily reunited with the petitioners, had been living with them for over two and a half years, and had recently given birth to their second son. Given that the parties resolved their differences and are living together with their children, the Court held that it would be in the interest of justice to terminate the criminal proceedings rather than subject them to a full trial.
Background and Petitioners’ Plea
- The Dispute: Criminal proceedings originated from FIR No. 136/2023 registered at PS Badarpur under Sections 498A, 406, and 34 of the IPC following matrimonial discord between petitioner No. 1 and respondent No. 2.
- Reconciliation: The petitioners approached the High Court seeking the quashing of the FIR, stating that all disputes had been fully resolved and that the parties had resumed cohabitation.
- State Stand: The learned Additional Public Prosecutor (APP), assisted by the investigating officers, submitted that the State had no objection to the quashing of the FIR based on the reconciliation.
Court’s Interaction and Analysis
- Direct Interaction with Complainant: The Court interacted directly with respondent No. 2 in Hindi to verify her voluntary stance.
- Current Family Status: Respondent No. 2 confirmed that she had settled all disputes and had been living happily with the petitioners for approximately two and a half years. She noted that alongside their older son born from the wedlock, she had recently given birth to another son, and all family members were residing together.
- Consent to Quash: Respondent No. 2 explicitly expressed her desire not to continue the prosecution against the petitioners.
Final Outcome
- Petition Allowed: Satisfied that forcing the family through a trial would serve no purpose and that quashing the case promotes genuine familial harmony, the Court allowed the petition and quashed FIR No. 136/2023 along with all consequential proceedings.



