Bhaskar Pandey and Ors v. The State NCT of Delhi and Anr

Delhi High Court · 28 May 2025 · 2025:DHC:4554
Girish Kathpalia
CRL.M.C. 3136/2025
2025:DHC:4554
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from matrimonial disputes on the ground of compromise between the parties and the complainant's decision not to pursue prosecution.

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CRL.M.C. 3136/2025
HIGH COURT OF DELHI
Date of Decision: 28.05.2025
CRL.M.C. 3136/2025 & CRL.M.A. 13796/2025
BHASKAR PANDEY AND ORS .....Petitioners
Through: Counsel for petitioners (appearance not given)
VERSUS
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Ms. Manjeet Arya, APP for the State
WITH
SI Sandeep, PS Dabri
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of FIR No.232/2015 of PS Dabri for offences under Section 498A/406/34 IPC on the ground that they have compromised the disputes with complainant de facto (respondent no. 2 herein). The respondent no. 2, petitioners no. 1 and 3 have appeared personally while petitioner no. 2 has appeared through videoconferencing. All parties are identified by their respective counsel and Investigating Officer/SI Sandeep.

2. I have spoken with the parties in Hindi.

3. It is submitted by the parties that they have compromised all disputes arising out of the matrimony of petitioner no. 1 and respondent no. 2, who GIRISH KATHPALIA KATHPALIA Date: 2025.05.28 17:04:55 +05'30' CRL.M.C. 3136/2025 pages have got their matrimony dissolved by way of decree of divorce. It is submitted by both sides that the petitioner no. 1 and respondent no. 2 have one son and it has been decided by the parties that custody of that son shall remain with respondent no. 2 and there shall be no visitation rights with petitioner no. 1. Respondent no. 2 categorically states that she has received her entire stridhan and she does not want any maintenance or permanent alimony because she is gainfully employed. However, parties understand that rights of the son of the petitioner no. 1 and respondent no. 2 shall remain intact. The respondent no. 2 states that she does not wish to pursue prosecution of the petitioners. Detailed statements of both sides have already been recorded by the Joint Registrar.

4. In view of the aforesaid, I am satisfied that it would be in the interest of justice not to push the parties through trial. Therefore, the petition is allowed and FIR No.232/2015 of PS Dabri for offences under Section 498A/406/34 IPC as well as proceedings arising out of the same are quashed. Pending application also stands disposed of.

GIRISH KATHPALIA (JUDGE) MAY 28, 2025 ‘rs’ KATHPALIA Date: 2025.05.28 17:04:31 +05'30'