Allowed

Adesh Kumar & Anr. v. State Govt. of NCT of Delhi and Anr.

Delhi HC14 Jul 2025CRL.M.C./4038/2025

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging cruelty under Section 498A IPC. The Court, upon finding that the parties had compromised matrimonial disputes and the marriage was dissolved, allowed the petition and quashed the FIR in the interest of justice.

What did the court decide?

Quashed FIR No. 416/2020 of PS Greater Kailash for offences under section 498A/406/34 IPC and consequential proceedings.

Adesh Kumar & Anr. Vs State Govt. of NCT of Delhi and… — Matrimonial and Divorce | Delhi HC (2025)

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 14.07.2025

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- CRL.M.C. 4038/2025

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ADESH KUMAR & ANR. .....Petitioners

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Through: Mr. A.K. Shrivastava, Advocate with petitioners in person.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR.

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.....Respondents Through: Mr. Nawal Kishore Jha, APP for State with IO/SI Arvind in person. Respondent no.2 in person with counsel ( appearance not given )

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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. 416/2020 of PS Greater Kailash for the offence under section 498A/406/34 IPC. The quashing is sought on the ground that the complainant de facto (respondent no.2) has compromised all disputes with the petitioners.

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The respondent no.2 in person ( accompanied with her counsel ) and learned APP for State accept notice. Petitioners present in person as well as respondent no.2 are identified by their respective counsel and the Investigating Officer/SI Arvind Kumar.

Page 1 of 2 pages

CRL.M.C. 4038/2025

GIRISH KATHPALIA

Digitally signed by GIRISH KATHPALIA Date: 2025.07.14 17:36:10 +05'30'

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3. I have spoken with the parties in Hindi.

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It is stated by the parties that they have compromised the matrimonial disputes and marriage between petitioner no.1 and respondent no.2 already stands dissolved by way of decree of divorce. They have one son aged about 07 years and his custody shall remain with respondent no.2, though he shall be free to meet petitioners as and when desired by him and them. It is specifically stated by respondent no.2 that she has received full and final settlement amount towards her stridhan and permanent alimony. Respondent no.2 submits that she does not wish to pursue trial of petitioners.

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Having spoken with the both sides, I am satisfied that it would be in the interest of justice, not to push the parties through trial. State has no objection to the present petition.

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Therefore, the petition is allowed and accordingly, FIR No. 416/2020 of PS Greater Kailash for the offence under section 498A/406/34 IPC and the consequential proceedings are quashed.

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GIRISH KATHPALIA (JUDGE)

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JULY 14, 2025/ ry

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CRL.M.C. 4038/2025

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Page 2 of 2 pages

Adesh Kumar & Anr. v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

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Adesh Kumar & Anr. v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

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