Allowed¶19

Sumit Kumar and Ors. v. State through SHO Ps Maidan Garhi and Anr.

Delhi HC14 May 2025CRL.M.C./3073/2025

Case brief

AI extract

What is this about?

Quashing of FIR under Sections 498A/406/34 IPC based on compromise; complainant received Rs. 10 lakh as full settlement of stridhan and alimony; marriage dissolved by divorce decree; court held prosecution would not serve interest of justice.

What did the court decide?

FIR No. 64/2022 of PS Maidan Garhi for offences under Sections 498A/406/34 IPC and all proceedings arising therefrom quashed. ¶19

Sumit Kumar and Ors. Vs State through SHO Ps Maidan Garhi… — Dowry and Cruelty | Delhi HC (2025)

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 14.05.2025

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+ CRL.M.C. 3073/2025 & CRL.M.A. 13625/2025

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SUMIT KUMAR AND ORS .....Petitioners Through: Mr. K.G. Seth, Advocate with petitioners in person.

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versus

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STATE THROUGH SHO PS MAIDAN GARHI AND ANR

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.....Respondents Through: Mr. Nawal Kishore Jha, Advocate with IO/SI Lal Bahadur, PS Maidan Garhi Respondent no.2 in person.

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CORAM: JUSTICE GIRISH KATHPALIA

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J U D G M E N T (ORAL)

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Petitioners have sought quashing of FIR No.64/2022 of PS Maidan Garhi for offences under Section 498A/406/34 IPC on the ground that they have compromised the disputes with the complainant de facto ( respondent no.2 herein ).

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All petitioners and respondent no.2 have personally appeared and are identified by their common counsel and the Investigating Officer/SI Lal Bahadur.

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CRL.M.C. 3073/2025

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Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.05.14 18:02:43 +05'30'

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Signature Not Verified

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Digitally Signed By:RAHUL YADAV Signing Da te:1 4.05.2025 18:34:04

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I have spoken with parties in Hindi. It is stated by respondent no.2 that she has voluntarily compromised all disputes with the petitioners. The petitioner no.1 and respondent no.2 were not blessed with a child in their marriage and they have got their marriage dissolved by way of divorce decree dated 28.02.2025. Respondent no.2 submits that she has already received from petitioners a full and final settlement amount of Rs.10,00,000/- in lieu of her entire stridhan and alimony and now nothing is due as per her. Respondent no.2 submits that she does not wish to pursue the prosecution of the petitioners. Detailed statement of parties has already been recorded by the concerned Joint Registrar.

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

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Therefore, the petition is allowed and accordingly FIR No.64/2022 of PS Maidan Garhi for offences under Section 498A/406/34 IPC as well as proceedings arising therefrom are quashed. Pending application stands disposed of.

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Digitally signed by GIRISH KATHPALIA Date: 2025.05.14 18:02:59 +05'30'

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GIRISH KATHPALIA

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GIRISH KATHPALIA (JUDGE)

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MAY 14, 2025/ ry

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Click here to check corrigendum, if any

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CRL.M.C. 3073/2025