Chetan Anand & Anr. v. The State Govt of NCT of Delhi & Anr.

Delhi High Court · 01 Jul 2025 · 2025:DHC:5135
Girish Kathpalia
CRL.M.C.2041/2025
2025:DHC:5135
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498A, 406, and 34 IPC arising from matrimonial disputes following an amicable settlement and divorce decree.

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CRL.M.C.2041/2025
HIGH COURT OF DELHI
Date of Decision: 01.07.2025
CRL.M.C. 2041/2025 & CRL.M.A. 9191/2025 (stay)
MR.CHETAN ANAND & ANR. .....Petitioners
Through: Counsel for petitioners (appearance not given)
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Kushank Sidhu (through videoconferencing) and Mr. Parth Kaushal, Advocates for R-2
WITH
SI
Abhishek Rana and Insp. Ramesh Chand Meena, PS Dwarka South.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Subsequent to order dated 15.04.2025, the divorce decree sheet was filed. Petitioner no.1 and respondent no.2 have appeared today in person, identified by their respective counsel and IO/SI Abhishek. As regards petitioner no.2, her appearance was dispensed with on 15.04.2025 as she is a senior citizen.

2. Petitioners have sought quashing of FIR No. 88/2019 of PS Dwarka, South for offence under Section 498A/406/34 IPC as they have compromised the disputes with the complainant de facto (respondent no.2). KATHPALIA Date: 2025.07.01 18:06:58 +05'30' CRL.M.C.2041/2025 pages

3. I have spoken with the parties present today. It is submitted by both sides that they have settled all matrimonial disputes amicably and their marriage already stands dissolved by way of decree of divorce dated 03.05.2025. Petitioner no.1 and respondent no.2 have one son born out of their wedlock and his custody shall remain with petitioner no.1 with visitation rights available to respondent no.2. Towards full and final settlement amount, the balance amount of Rs. 6,00,000/- is paid by petitioner no. 1 today in Court by way of demand draft to respondent no.2, who submits that 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 them through trial. Therefore, the petition is allowed and accordingly, the FIR No. 88/2019 of PS Dwarka, South for offence under Section 498A/406/34 IPC and the consequent proceedings are quashed.

GIRISH KATHPALIA (JUDGE) JULY 1, 2025 GIRISH KATHPALIA