Gaurav Joshi & Ors. v. Govt. of NCT of Delhi & Anr.

Delhi High Court · 28 May 2025 · 2025:DHC:4530
Girish Kathpalia
CRL.M.C. 2142/2025
2025:DHC:4530
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 120B IPC arising from matrimonial disputes following a full and final compromise and mutual consent divorce.

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CRL.M.C. 2142/2025
HIGH COURT OF DELHI
Date of Decision: 28.05.2025
CRL.M.C. 2142/2025, CRL.M.A. 9584/2025 & CRL.M.A.
9585/2025 GAURAV JOSHI & ORS. .....Petitioners
Through: Mr. Aakash Nandolia, Advocate.
VERSUS
GOVT. OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for State
WITH
SI Ashok Kumar.
Mr. Mithun Barsaley, Advocate for R-2.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of FIR No.374/2023 of PS Jagatpuri for offences under Section 498A/406/120B IPC on the ground that they have compromised the disputes with complainant de facto (respondent no.2 herein). Petitioner no.1 and respondent no.2 have appeared in person, identified by their respective counsel and the Investigating Officer/SI Ashok Kumar. Petitioners no.2-7 have not appeared and it is submitted that they are residents of Indore and Harda in Madhya Pradesh, so could not appear today personally. It is made clear by learned counsel for petitioners that petitioner no.4 has now got married and is currently in Hyderabad.

GIRISH KATHPALIA KATHPALIA Date: 2025.05.28 14:26:43 +05'30' CRL.M.C. 2142/2025 pages

2. I have spoken with the parties in Hindi.

3. It is submitted by parties present today that they have compromised all disputes arising out of their matrimony. The petitioner no.1 and respondent no.2 were not blessed with a child in their wedlock and they have already obtained a decree of divorce with mutual consent. Respondent no.2 submits that she has received back her entire stridhan as well as full and final settlement amount towards her alimony. Respondent no.2 submits that she does not wish to pursue prosecution of the petitioners.

4. Detailed statement of respondent no.2 was recorded by the concerned Joint Registrar.

5. 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 the FIR No.374/2023 of PS Jagatpuri for offences under Section 498A/406/120B IPC as well as proceedings arising therefrom are quashed. Pending applications also stand disposed of. (JUDGE) MAY 28, 2025