Jitender & Ors. v. The State Govt. of NCT of Delhi and Anr.

Delhi High Court · 29 Apr 2025 · 2025:DHC:3048
Girish Kathpalia
CRL.M.C. 2358/2025
2025:DHC:3048
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR under Sections 498A, 406, and 34 IPC in a matrimonial dispute due to compromise and dissolution of marriage, holding that criminal proceedings need not continue when parties have settled amicably.

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CRL.M.C. 2358/2025
HIGH COURT OF DELHI
Date of Decision: 29.04.2025
CRL.M.C. 2358/2025 & CRL.M.A. 10594/2025 (exemption)
JITENDER & ORS. .....Petitioners
Through: Mr. Vineet Nagar, Advocate.
VERSUS
THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for the State.
Mr. Fazal W. K. Warsi, Advocate for R-2.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioners have sought quashing of FIR No. 381/2019 of PS Sangam Vihar for offence under section 498A/406/34 IPC on the ground that parties have compromised the disputes. All petitioners and respondent no.2 (complainant de facto) along with their respective counsel have appeared and have been identified by Investigating Officer/SI Raghuraj Singh. I have spoken with both sides in Hindi.

GIRISH KATHPALIA KATHPALIA CRL.M.C. 2358/2025 pages

2. It is submitted by both sides that there is no child born to them in their marriage and their marriage stands already dissolved by way of decree of divorce, after which the respondent no.2 has got remarried. It is specifically stated by respondent no.2 that she has received back the entire stridhan and now nothing is due and payable to her by any of the petitioners. It is further submitted by both sides that all other litigations pending between the parties stand withdrawn or disposed of.

3. Considering the above circumstances, in my view it would be in the interest of justice not to push the parties through trial.

4. Therefore, the petition and the accompanying application are allowed and consequently FIR No. 381/2019 of PS Sangam Vihar for offence under section 498A/406/34 IPC and proceedings arising therefrom are quashed. (JUDGE) APRIL 29, 2025