KAILASH PATHRAY AND ORS vs STATE OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th February, 2026 + CRL.M.C. 519/2026 & CRL.M.A. 2085/2026 KAILASH PATHRAY AND ORS .....Petitioners Through: Mr. Rajiv Singh Pilania with Mr. Girdhari Singh and Mr. Rishabh Sharma, Advocates with petitioner No.1 in person and petitioner Nos.2 to 5 through V.C. versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Raj Kumar, APP for the State with SI Mukesh Kumar and ASI Subhash Chand, PS Badarpur Advocate for respondent No.2 (appearance not given) with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein seek quashing of FIR No.220/2024 dated 06.04.2024, registered at P.S. Badarpur, for commission of offences under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. Petitioner No.1 got married to respondent No.2 on 17.01.2019, as per Hindu rites and ceremonies. The parties were blessed with a baby girl in the year 2019 itself. 3. However, due to certain temperamental differences, parties started Signature Not Verified Signed By:SONIA CRL.M.C. 519/2026 1 THAPLIYAL Signing Date:19.02.2026 10:42:44 living separately and on account of such matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of abovesaid FIR. 4. Charge-sheet has, reportedly, been filed. 5. Quashing is being sought for the reason that the parties have amicably settled all their matrimonial disputes and as per the terms of settlement, parties have also obtained divorce by way of mutual consent on 28.10.2025. 6. Petitioner No.1 is present in person in Court whereas, rest of the petitioner