Delhi High Court

Sayan Ghosh & Anr vs State Of Nct Of Delhi & Anr on 5 May, 2025

                          $~82
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                          Date of Decision: 05.05.2025
                          +      CRL.M.C. 801/2025 & CRL.M.A. 3745/2025
                                 SAYAN GHOSH & ANR.                                                 .....Petitioners
                                                   Through:    Mr. Rohin Singh Pande, Advocate
                                                               with Petitioner no.1 & 2 in person.
                                                   versus

                                 STATE OF NCT OF DELHI & ANR.                                    .....Respondents

                                                   Through:    Ms. Richa Dhawan, APP for State
                                                               with SI Mahesh Yadav, PS Dwarka
                                                               North.

                                 CORAM:         JUSTICE GIRISH KATHPALIA

                          JUDGMENT            (ORAL)

1. Petitioners have sought quashing of FIR No. 26/2022 of PS Dwarka North for offence under Section 498A/406/34 IPC and the proceedings arising out of the same as they have compromised the disputes with the complainant de facto (respondent no.2 herein). Both petitioners as well as respondent no.2 have appeared personally and are identified by their respective counsel and Investigating Officer /SI Mahesh Yadav.

2. I have spoken with the parties. It is submitted by both sides that petitioner no.1 and respondent no.2 have compromised their matrimonial

CRL.M.C. 801/2025 Page 1 of 2 pages

GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.05 19:54:00 +05'30'

disputes. The respondent no.2 has also settled her disputes with petitioner no.2. It is submitted by both sides that petitioner no.1 and respondent no.2 have got their marriage dissolved by way of decree dated 20.07.2024 of divorce with mutual consent and petitioners have already paid entire full and final settlement amount to respondent no.2. Petitioner no.1 and respondent no.2 have a son presently aged about 8 years and his custody is with respondent no.2, which shall continue to be so. However, it is made clear that all rights of the minor child of petitioner no.1 and respondent no.2 shall remain open.

3. Under these circumstances, respondent no.2 submits that she does not want to continue with the impugned proceedings.

4. Having interacted with the parties, I am satisfied that it would be in the interest of justice not to push them further through trial. Therefore, the petition is allowed. Accordingly, FIR No. 26/2022 of PS Dwarka North for offence under Section 498A/406/34 IPC and the proceedings arising therefrom are quashed. Pending application stands disposed of.

GIRISH GIRISH KATHPALIA KATHPALIA Date: 2025.05.05 19:53:41 +05'30'

GIRISH KATHPALIA, J MAY 05, 2025/DR

CRL.M.C. 801/2025 Page 2 of 2 pages