Neeraj Kumar v. The State NCT of Delhi

Delhi High Court · 08 Jul 2025 · 2025:DHC:5348
Girish Kathpalia
CRL.M.C. 2943/2025
2025:DHC:5348
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 363 IPC on the ground of compromise and marriage between the parties, holding that continuing prosecution was not in the interest of justice.

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CRL.M.C. 2943/2025
HIGH COURT OF DELHI
Date of Decision: 08.07.2025
CRL.M.C. 2943/2025 & CRL.M.A. 13107/2025
NEERAJ KUMAR .....Petitioner
Through: Mr. S. Satyanaryan, Advocate.
VERSUS
THE STATE NCT OF DELHI & ORS. .....Respondents
Through: Mr. Nawal Kishore Jha, APP for State
WITH
SI Mahavir Prasad, PS
Najafgarh.
Respondent no.2 and Respondent 3 in person.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioner seeks quashing of FIR No. 227/2018 of PS Najafgarh for offence under Section 363 IPC. The quashing is sought on the ground that petitioner has compromised the disputes with the complainant de facto (respondent no.2) and he got married with her daughter (respondent no.3).

2. Learned APP accepts notice.

3. Respondents no.2 and 3 are personally present in court room, identified by IO/SI Mahavir Prasad.

4. I have spoken with the parties in Hindi. It is submitted by them that the FIR was lodged on a missing complaint under misunderstandings between the respondent no.2 and her daughter. It is further submitted by all three of them that now petitioner and respondent no.3 are happily married and are living with their two children. Respondent no.2 specifically submits that she does not want to pursue prosecution of petitioner.

5. Having spoken with the parties at length, I am satisfied that it would be in the interest of justice not to push them through trial.

6. Therefore, the petition is allowed and consequently, the FIR NO. 227/2018 of PS Najafgarh for offence under Section 363 IPC as well as proceedings arising out of the same are quashed. Pending application stands disposed of.

GIRISH KATHPALIA (JUDGE) JULY 8, 2025 ‘ry’ GIRISH KATHPALIA