Arun Kumar and Ors. v. State NCT of Delhi and Anr

Delhi High Court · 21 May 2025 · 2025:DHC:4155
Girish Kathpalia
CRL.M.C. 2785/2025
2025:DHC:4155
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and divorce between the parties, holding that criminal proceedings need not continue when disputes are resolved.

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CRL.M.C. 2785/2025
HIGH COURT OF DELHI
Date of Decision: 21.05.2025
CRL.M.C. 2785/2025 & CRL.M.A. 12478/2025
ARUN @ARUN KUMAR AND ORS. .....Petitioners
Through: Mr. Mahendra Kumar and Mr. Raj Kumar, Advocate
VERSUS
STATE NCT OF DELHI AND ANR .....Respondents
Through: Ms. Manjeet Arya, APP for State
WITH
SI Rupesh Raj, PS Bharat Nagar
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of FIR No. 110/2018 of PS Bharat Nagar, Delhi for offence under Section 498A/406/34 IPC. It is submitted that petitioners have compromised all disputes with the complainant de facto (respondent no. 2 herein). All three petitioners are present personally in court while respondent no. 2 has appeared through videoconferencing and all of them are identified by their respective counsel and IO/SI Rupesh Raj.

2. I have spoken with parties in Hindi.

3. Respondent no. 2 submits that she has settled all disputes with the petitioners and the marriage between the petitioner no. 1 and respondent NO. 2 already stands dissolved by way of decree of divorce by mutual consent. Parties have decided that son of petitioner no. 1 and respondent no. 2 shall remain in custody of respondent no. 2 with no visitation rights granted to petitioners. Respondent no. 2 submits that she has received the complete full and final settlement amount in lieu of her entire stridhan and alimony and now no money is payable to her. Parties clearly understand that this settlement does not deal with rights of son of the parties. Respondent no. 2 submits that she does not wish to continue further prosecution of the petitioners. Detailed statements of parties were recorded by the concerned Joint Registrar.

4. Having spoken with both sides, I am satisfied that it would be in the interest of justice not to push the parties through trial.

5. Therefore, the petition is allowed and accordingly FIR No. 110/2018 of PS Bharat Nagar, Delhi for offence under Section 498A/406/34 IPC and proceedings arising therefrom are quashed. Pending application stands disposed of. (JUDGE) MAY 21, 2025