Jatin Kumar and Ors. v. State (Govt. of NCT of Delhi) and Anr.

Delhi High Court · 30 Apr 2025 · 2025:DHC:3105
Girish Kathpalia
CRL.M.C. 808/2025
2025:DHC:3105
criminal petition_allowed

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The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a mediation settlement and mutual consent divorce, holding that amicable compromise and complainant's consent justify quashing criminal proceedings.

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CRL.M.C. 808/2025
HIGH COURT OF DELHI
Date of Decision: 30.04.2025
CRL.M.C. 808/2025 & CRL.M.A. 3751/2025
JATIN KUMAR AND ORS. .....Petitioners
Through: Mr. Manish Shersia, Advocate.
VERSUS
STATE (GOVT. OF NCT OF DELHI) AND ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for State
WITH
SI Ankur, PS Punjabi Bagh Mr. Saurabh Arora, Advocate for R-2.
Respondent no.2 in person (through video conferencing)
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners have sought quashing of FIR No.350/2022 of PS Punjabi Bagh for offences under Section 498A/406/34 IPC on the ground that the parties have compromised all disputes by way of mediation settlement dated 09.05.2024, recorded at the Delhi Mediation Centre, Tis Hazari Courts, Delhi. Petitioners no.1 and 2 have appeared personally in court while the remaining petitioners and respondent no.2 have appeared through video conferencing. All parties are identified by their respective counsel and the Investigating Officer/SI Ankur.

GIRISH KATHPALIA KATHPALIA CRL.M.C. 808/2025 pages

2. I have spoken with respondent no.2 (complainant de facto) in Hindi. The respondent no.2 affirms that parties have settled all their disputes through mediation. There is no child born in the wedlock of petitioner no.1 and respondent no.2. They have got their wedlock dissolved by way of decree of divorce with mutual consent. The entire stridhan and money towards permanent alimony in terms with mediation settlement has already been received by respondent no.2. Respondent no.2 supports the petition and requests that the FIR in question be quashed.

3. Having spoken with both sides, I am satisfied that it would be in the interest of justice and permanent quietus to not push the parties through trial. Therefore, the petition is allowed and consequently FIR No.350/2022 of PS Punjabi Bagh for offence under Section 498A/406/34 IPC and the proceedings arising out of the same are quashed. Pending application stands disposed of. (JUDGE) APRIL 30, 2025