Delhi High Court
Dilip Kumar Jha And Another vs The State Nct Of Delhi & Anr on 21 May, 2025
$~85
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.05.2025
+ CRL.M.C. 3245/2025 & CRL.M.A. 14298/2025
DILIP KUMAR JHA AND ANOTHER .....Petitioner
Through: Mr. Pankaj Kumar and Ms. Kiran,
Advocates.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for State with
SI Pardeep Kumar, PS Ghazipur.
Ms. Nidhi Dubey, Advocate for R-2.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. Petitioners seek quashing of FIR No. 93/2021 of PS Ghazipur for
offence under Section 323/354B/506/34 IPC. It is submitted that the
complainant de facto (respondent no.2 herein) has settled all disputes with
the petitioners. Learned counsel for petitioners has taken me through order
dated 01.03.2025 of the learned Trial Magistrate whereby after detailed
discussion, it was held that no offence under Section 354B IPC is made out,
so the petitioners were discharged of the said offence. The learned Trial
Magistrate directed framing of charges against the petitioners for offence
CRL.M.C. 3245/2025 Page 1 of 3 pages
KATHPALIA
Digitally Signed KATHPALIA Date: 2025.05.21 16:58:15
+05'30'
By:RAHUL YADAV
Signing Date:21.05.2025
19:19:12
under Section 498A/323/34 IPC. Today, both petitioners have appeared in
person while respondent no.2 has appeared through videoconferencing.
2. I have spoken with the parties in Hindi.
3. It is submitted by respondent no.2 that she has compromised all
disputes with the petitioners. It is further submitted by her that after
dissolution of her marriage with petitioner no.1, she has got remarried. As
decided by parties, custody of son of petitioner no.1 and respondent no.2
shall continue with respondent no.2 and there shall be no visitation rights
with petitioner no.1. Respondent no.2 submits that in accordance with the
terms of their settlement deed dated 05.05.2025, she has received her entire
stridhan articles as well as the full and final settlement amount towards her
alimony. Respondent no.2 submits that now nothing is due and payable to
her by either of the petitioners. Respondent no.2 submits that she does not
wish to pursue the prosecution of the petitioners.
4. Detailed statements of parties were recorded by the concerned Joint
Registrar.
5. Having spoken with the parties, 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. 93/2021 of PS Ghazipur for offence
under Section 323/354B/506/34 IPC and the proceedings arising therefrom
CRL.M.C. 3245/2025 Page 2 of 3 pages
KATHPALIA
Digitally Signed KATHPALIA Date: 2025.05.21 16:58:40 +05'30'
By:RAHUL YADAV
Signing Date:21.05.2025
19:19:12
are quashed. However, rights of the son of petitioner no.1 and respondent
no.2 shall remain intact. Pending application stands disposed of.
GIRISH GIRISH KATHPALIA
KATHPALIA Date: 2025.05.21
16:59:04 +05'30'
GIRISH KATHPALIA
(JUDGE)
MAY 21, 2025/DR
CRL.M.C. 3245/2025 Page 3 of 3 pages
