Adesh Kumar & Anr. v. State Govt. of NCT of Delhi and Anr.

Delhi High Court · 14 Jul 2025 · 2025:DHC:5582
Girish Kathpalia
CRL.M.C. 4038/2025
2025:DHC:5582
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of amicable compromise and full settlement between parties in a matrimonial dispute.

Full Text
Translation output
CRL.M.C. 4038/2025
HIGH COURT OF DELHI
Date of Decision: 14.07.2025
CRL.M.C. 4038/2025
ADESH KUMAR & ANR. .....Petitioners
Through: Mr. A.K. Shrivastava, Advocate
WITH
petitioners in person.
VERSUS
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Nawal Kishore Jha, APP for State
WITH
IO/SI Arvind in person.
Respondent no.2 in person
WITH
counsel (appearance not given)
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of FIR No. 416/2020 of PS Greater Kailash for the offence under section 498A/406/34 IPC. The quashing is sought on the ground that the complainant de facto (respondent no.2) has compromised all disputes with the petitioners.

2. The respondent no.2 in person (accompanied with her counsel) and learned APP for State accept notice. Petitioners present in person as well as respondent no.2 are identified by their respective counsel and the Investigating Officer/SI Arvind Kumar.

3. I have spoken with the parties in Hindi.

4. It is stated by the parties that they have compromised the matrimonial disputes and marriage between petitioner no.1 and respondent no.2 already stands dissolved by way of decree of divorce. They have one son aged about 07 years and his custody shall remain with respondent no.2, though he shall be free to meet petitioners as and when desired by him and them. It is specifically stated by respondent no.2 that she has received full and final settlement amount towards her stridhan and permanent alimony. Respondent no.2 submits that she does not wish to pursue trial of petitioners.

5. Having spoken with the both sides, I am satisfied that it would be in the interest of justice, not to push the parties through trial. State has no objection to the present petition.

6. Therefore, the petition is allowed and accordingly, FIR No. 416/2020 of PS Greater Kailash for the offence under section 498A/406/34 IPC and the consequential proceedings are quashed.

GIRISH KATHPALIA (JUDGE) JULY 14, 2025 GIRISH KATHPALIA