Arun Kumar & Ors. v. State (NCT. of Delhi) & Anr.

Delhi High Court · 28 Aug 2025 · 2025:DHC:7465
Girish Kathpalia
W.P. (CRL) 2727/2025
2025:DHC:7465
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC in a matrimonial dispute after the parties amicably settled all claims and the complainant withdrew prosecution.

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W.P. (CRL) 2727/2025
HIGH COURT OF DELHI
Date of Decision: 28.08.2025
W.P.(CRL) 2727/2025 & CRL.M.A. 25687/2025
ARUN KUMAR & ORS. .....Petitioners
Through: Ms. Chhavvi R. Luthra, Mr. Ashish Kapur and Mr. Rishap Atal, Advocates
VERSUS
STATE (NCT. OF DELHI) & ANR. .....Respondents
Through: Mr. Anand V. Khatri, ASC for State
WITH
IO/SI Omkar Mal, PS Prasad
Nagar Ms. Vaishali, Advocate for R2
WITH
R2 in person
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of case FIR No. 642/2023 of PS Prasad Nagar for offence under Section 498A/406/34 IPC on the ground that the complainant de facto (respondent no.2) has compromised the disputes with the petitioners.

2. Respondent no. 2 present in court with her counsel and identified by IO/SI Omkar Mal accepts notice. Learned ASC accepts notice and submits W.P. (CRL) 2727/2025 pages that State has no serious objection to this petition.

3. I have spoken with the parties in Hindi and it is stated by them that they have resolved all their matrimonial disputes and marriage between petitioner no. 1 and respondent no. 2 stands dissolved by decree of divorce. There was no issue born in the wedlock of petitioner no. 1 and respondent no. 2. Respondent no. 2 submits that towards full and final settlement of all her claims including stridhan and alimony she has received a total amount of Rs.5,00,000/- from petitioners and now she does not wish to pursue prosecution of the petitioners.

4. Having spoken with the parties, 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 the FIR No. 642/2023 of PS Prasad Nagar for offence 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) AUGUST 28, 2025