Nitin and Another v. the State and Another

Delhi HC17 Jul 2025CRL.M.C./3848/2025

Case brief

AI extract

What is this about?

Quashing of FIR on matrimonial settlement/compromise; FIR No.112/2017, PS Jyoti Nagar, Delhi; offences under Section 498A/406/34 IPC and Sections 3 & 4 Dowry Prohibition Act (DP Act); 498A FIR quashed after reconciliation; husband and wife living together happily for about two years with infant son (about 10 months); complainant de facto declined to pursue trial; State (APP Nawal Kishore Jha) raised no serious objection; quashing in the interest of justice; pending application CRL.M.A. 16842/2025 disposed of; single bench of Girish Kathpalia, J.; High Court of Delhi; decided 17.07.2025; no precedents cited.

What did the court decide?

Petition allowed; FIR No.112/2017 of PS Jyoti Nagar, Delhi under Section 498A/406/34 IPC & 3/4 DP Act and all proceedings arising out of it quashed; pending application (CRL.M.A. 16842/2025) disposed of.

Nitin and Another Vs the State and Another — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.112/2017 of PS Jyoti Nagar, Delhi, registered for offences under Section 498A/406/34 IPC & 3/4 DP Act, together with the proceedings arising out of it, should be quashed on the ground that respondent no. 2 (complainant de facto) has settled her disputes with the petitioners.

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Court's answer

In view of the parties' presence in Court, the Judge's personal interaction with them, the recorded reconciliation (living together happily for about two years, with a son aged about 10 months), and respondent no. 2's expressed wish not to pursue the trial, the Court was satisfied that it would be in the interest of justice not to push the parties through the trial.

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Ratio / Principle

The petition was allowed: FIR No.112/2017 of PS Jyoti Nagar, Delhi for offences under Section 498A/406/34 IPC & 3/4 DP Act stands quashed, as do all proceedings arising out of that FIR.

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Key takeaways

The pending application in the matter (per the cause title, CRL.M.A. 16842/2025) also stands disposed of consequent to the quashing order.ratio¶¶17

Detailed headnote1 paragraphs

Delhi High Court (Girish Kathpalia, J.; oral judgment dated 17.07.2025) allowed CRL.M.C. 3848/2025 and quashed FIR No.112/2017 of PS Jyoti Nagar, Delhi, registered for offences under Section 498A/406/34 IPC & 3/4 DP Act, together with all proceedings arising out of it. Both petitioners and respondent no. 2 (complainant de facto) appeared in person; the Judge spoke with them in Hindi and recorded that petitioner no. 1 and respondent no. 2 had resolved their matrimonial dispute, were living together happily for about two years, and had a son aged about 10 months. Respondent no. 2 submitted that she did not wish to pursue the trial. Finding it in the interest of justice not to push the parties through trial, the Court quashed the FIR and proceedings and disposed of the pending application (CRL.M.A. 16842/2025). The State had raised no serious objection. No precedent was cited; the decision rests entirely on the fact of settlement and the Court's own satisfaction.

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$~84

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 17.07.2025

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- CRL.M.C. 3848/2025 & CRL.M.A. 16842/2025

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NITIN AND ANOTHER .....Petitioners Through: Counsel for petitioners ( appearance not given ) with petitioners in person.

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versus

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THE STATE AND ANOTHER .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State with SI Pankaj Kumar, PS Jyoti Nagar Mr. Jyoti Bhardwaj, Advocate for R-2 with R-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 seek quashing of FIR No.112/2017 of PS Jyoti Nagar, Delhi for offence under Section 498A/406/34 IPC & 3/4 DP Act on the ground that complainant de facto ( respondent no.2 ) has settled the disputes with the petitioners.

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Learned APP for the State and respondent no. 2 in person ( identified by IO/SI Pankaj Kumar ) accept notice. State has no serious objection to this petition.

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CRL.M.C.3848/2025

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Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.07.17 17:02:27 +05'30'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:1 7.07.2025 17:25:55

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Petitioners and respondent no. 2 are present in Court and I have spoken with them in Hindi. It is submitted by them that petitioner no. 1 and respondent no. 2 have resolved their matrimonial dispute and are now living together happily for about two years. They also now have a son currently aged about 10 months. Respondent no. 2 submits that she does not wish to pursue the trial against petitioners as now they all are living happily.

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Considering the above circumstances, 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 FIR No.112/2017 of PS Jyoti Nagar, Delhi for offence under Section 498A/406/34 IPC & 3/4 DP Act as well as proceedings arising out of the same are quashed. The pending application also stands disposed of.

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Digitally signed by GIRISH GIRISH KATHPALIA KATHPALIA Date: 2025.07.17 17:02:13 +05'30'

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GIRISH KATHPALIA (JUDGE)

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JULY 17, 2025 ‘ rs’

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CRL.M.C.3848/2025

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Page 2 of 2 pages

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Signature Not Verified