Vijay Kumar & Anr. v. The State GNCT of Delhi & Anr.

Delhi High Court · 20 May 2025 · 2025:DHC:4075
Girish Kathpalia
CRL.M.C. 3304/2025
2025:DHC:4075
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a mutual settlement and divorce by consent between the parties.

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CRL.M.C. 3304/2025
HIGH COURT OF DELHI
Date of Decision: 20.05.2025
CRL.M.C. 3304/2025 & CRL.M.A. 14543/2025
VIJAY KUMAR & ANR. .....Petitioners
Through: Mr. Sanjay Kumar and Mr. Sonu Kumar, Advocates.
VERSUS
THE STATE GNCT OF DELHI & ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for State
WITH
SI Jal Singh, PS Ranjeet Nagar.
Mr. Firoz Iqbal Khan and Mohd.
Faizan, Advocates for R-2.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioners seek quashing of the FIR No. 135/2019 of PS Ranjeet Nagar for offence under section 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 along with their son have appeared personally in court and are identified by their respective counsel and Investigating Officer/SI Jal Singh. Petitioner no.2 has not appeared and it is stated that she is an aged lady living in Kanpur.

2. I have spoken with the parties in Hindi.

GIRISH KATHPALIA Date: 2025.05.20 17:41:03 +05'30' CRL.M.C. 3304/2025 pages 3 It is submitted by both sides that they have compromised all their disputes. Petitioner no.1 and respondent no.2 have got their marriage dissolved by way of decree dated 17.01.2025 of divorce by mutual consent. Parties have decided that their son shall remain in custody of the present respondent no.2 though the petitioners shall have liberty to meet him as and when they desire. Respondent no.2 submits that she has received the entire settlement amount in lieu of her stridhan and alimony and now nothing is payable to her. Parties have agreed that all rights of their son, including right for maintenance shall remain unaltered. Respondent no.2 submits that the present petition may be allowed and the impugned FIR may be quashed as she does not want to pursue the same further.

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

5. Therefore, the petition is allowed and accordingly the FIR NO. 135/2019 of PS Ranjeet Nagar for offence under section 498A/406/34 IPC and the proceedings arising out of the same are quashed. Pending application stands disposed of. (JUDGE) MAY 20, 2025