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HIGH COURT OF DELHI
Date of Decision: 15.05.2025
SH RAJAT KUMAR & ORS. .....Petitioners
Through: Dr. Ram Avtar Sharma, Advocate for petitioners
Through: Ms. Manjeet Arya, APP for State
JUDGMENT
1. Petitioners have sought quashing of FIR No. 94/2023 of PS Vasant Vihar for offences under Section 498A/406/34 IPC and the proceedings arising out of the same on the ground that parties have compromised all their disputes. Petitioners no.1 and 2 have personally appeared and it is informed that petitioners no.3 and 4 are trying to appear through video conferencing but on account of some technical issue at their end, they cannot join. The complainant de facto (respondent no.2) also has appeared in court. The parties are identified by their respective counsel and IO/SI KM Banti.
GIRISH KATHPALIA KATHPALIA Date: 2025.05.15 18:42:27 +05'30'
2. I have spoken with the parties in Hindi.
3. It is stated by respondent no.2 that she has compromised all the disputes with the petitioners. The petitioner no.1 and respondent no.2 were blessed with a daughter, presently aged 04 years. Petitioner no.1 and respondent no.2 have got their marriage dissolved by way of a divorce decree dated 16.12.2024 with mutual consent. Parties have agreed that custody of their daughter shall remain with the respondent no.2 while petitioners shall have the liberty to meet her after conveying their intention to the respondent no.2 in advance. Towards full and final settlement of all her claims including stridhan and alimony, the respondent no.2 has agreed to accept a sum of Rs.11,00,000/- out of which a sum of Rs.3,50,000/- by way of a demand draft has been paid to her today while the balance has already been received by her at different stages of settlement. Now, respondent no.2 submits that she has no claim left against the petitioners. As regards daughter of petitioner no.1 and respondent no.2, parties are aware that her rights are independent and shall remain valid.
4. Respondent no.2 submits that she does not wish to continue the prosecution of petitioners. Detailed statements of parties have already been recorded by the concerned Joint Registrar.
KATHPALIA Date: 2025.05.15 18:42:13 +05'30'
5. Having spoken with both sides, 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 consequently FIR No. 94/2023 of PS Vasant Vihar for offences under Section 498A/406/34 IPC and the proceedings arising out of the same are quashed. Pending application stands disposed of. (JUDGE) MAY 15, 2025