Lucky Sharma & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 28 May 2025 · 2025:DHC:4524
Girish Kathpalia
CRL.M.C. 1504/2025
2025:DHC:4524
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR and criminal proceedings under Sections 498A, 406, and 34 IPC based on a genuine compromise between the matrimonial parties and the complainant's unwillingness to prosecute.

Full Text
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CRL.M.C. 1504/2025
HIGH COURT OF DELHI
Date of Decision: 28.05.2025
CRL.M.C. 1504/2025 & CRL.M.A. 6818/2025
LUCKY SHARMA & ORS. .....Petitioners
Through: Mr. Jai Anant Dehadrai, Advocate.
VERSUS
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Ritesh Kumar Bahri, APP for State.
Mr. Chaitanya Singh, Advocate for R- 2
WITH
R-2 in person.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of FIR No. 488/2022 of PS Kapashera for the offences under Sections 498A/406/34 IPC on the ground that they have compromised the disputes with the complainant de facto (respondent no.2 herein). Petitioner no.1 and respondent no.2 have personally appeared, identified by their respective counsel and Investigating Officer/SI Aarti Yadav. Petitioners no.2 and 3 have not appeared and it is explained by petitioner no.1 that since they had no place to stay in Delhi, they went back to their native village in Bihar.

2. I have spoken with the parties in Hindi. It is submitted by them that they have compromised all their disputes arising out of the matrimony of GIRISH KATHPALIA KATHPALIA Date: 2025.05.28 14:25:04 +05'30' CRL.M.C. 1504/2025 pages petitioner no.1 and respondent no.2. It is submitted by them that they have two children and all of them are living together happily for the past two and a half years. Respondent no.2 specifically submits that all the household expenses are borne by petitioner no.1 and she has no grudges against any of the petitioners. Respondent no.2 submits that she does not wish to prosecute any of the petitioners.

3. Detailed statements of parties have already been recorded by the concerned Joint Registrar.

4. In view of the aforesaid, 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 accordingly the FIR No. 488/2022 of PS Kapashera for the offences under Sections 498A/406/34 IPC and proceedings arising out of the same are quashed. Pending application stands disposed of. (JUDGE) MAY 28, 2025