Amit Kumar and Others v. State of NCT of Delhi and Another

Delhi High Court · 14 Aug 2025 · 2025:DHC:6872
Girish Kathpalia
CRL.M.C. 5584/2025
2025:DHC:6872
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of amicable settlement and compromise between the parties, holding that prosecution was not in the interest of justice.

Full Text
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CRL.M.C. 5584/2025
HIGH COURT OF DELHI
Date of Decision: 14.08.2025
CRL.M.C. 5584/2025 & CRL.M.A. 23980/2025
AMIT KUMAR AND OTHERS .....Petitioners
Through: Mr. Bharat Saini, Advocate.
VERSUS
STATE OF NCT OF DELHI AND ANOTHER .....Respondents
Through: Mr. Nawal Kishore Jha, APP for State
WITH
Inspector Nitu Kumar, PS Jyoti
Nagar.
Ms. Pinki, Advocate for R-2
WITH
R- 2.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioners seek quashing of FIR No. 225/2019 of PS Mansarovar Park for offence under Section 498A/406/34 IPC on the ground that complainant de facto (respondent no.2) has settled the disputes with the petitioners.

2. Learned APP accepts notice and submits that State has no serious objection to this petition.

3. Respondent no.2 present in court with her counsel and identified by st=Delhi, CRL.M.C. 5584/2025 pages Investigating Officer/Inspector Nitu Kumar accepts notice.

4. I have spoken with respondent no.2 in Hindi and it is stated by her that she has compromised the disputes with the petitioners. It is stated by respondent no.2 that marriage between her and petitioner no.1 already stands dissolved by way of decree of divorce; that they have a son, currently aged about 07 years, whose custody shall be with her; and that towards full and final settlement of all her claims pertaining to stridhan and alimony, she has received a total amount of Rs.9,75,000/-, out of which the last installment of Rs.2,75,000/- has been received today through demand draft. Respondent no.2 submits that she does not wish to pursue prosecution of the petitioners.

5. Having spoken with respondent no.2, I am satisfied that it would be in the interest of justice not to push the parties through trial.

6. Therefore, the petition is allowed and FIR No. 225/2019 of PS Mansarovar Park for offence under Section 498A/406/34 IPC as well as proceedings arising out of the same are quashed. Pending application stands disposed of.

GIRISH KATHPALIA (JUDGE) AUGUST 14, 2025