Gopal Kapoor And Anr vs State (Nct Of Delhi) And Anr
2025 Latest Caselaw 3402 Del

Delhi High Court

Gopal Kapoor And Anr vs State (Nct Of Delhi) And Anr on 23 May, 2025

                          $~64
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                  Date of Decision: 23.05.2025
                          +    CRL.M.C. 3441/2025 & CRL.M.A. 15186/2025
                                 GOPAL KAPOOR AND ANR                                     .....Petitioners
                                                    Through:     Counsel for petitioners (appearance
                                                                 not given)

                                                    versus

                                 STATE (NCT OF DELHI) AND ANR                .....Respondents
                                               Through: Mr. Nawal Kishore Jha, APP for State
                                                         with Sanjogita, PS CWC, Nanakpura

                                 CORAM:           JUSTICE GIRISH KATHPALIA


                          JUDGMENT             (ORAL)

1. Petitioners seek quashing of FIR No. 390/2023 of PS Rajouri Garden for offences under Section 323/498A/406/509/34 IPC on the ground that they have compromised the disputes with the complainant de facto (respondent no. 2 herein). All parties have personally appeared and are identified by their respective counsel and IO/SI Pradeep Kumar.

2. I have spoken with the parties in Hindi.

3. It is submitted by the parties that they have compromised all the disputes arising out of matrimony of petitioner no. 1 and respondent no. 2, who have got their marriage dissolved by way of decree of divorce with

CRL.M.C.3441/2025 Page 1 of 2 pages

Date: 2025.05.23 17:23:42 +05'30'

mutual consent. Petitioner no. 1 and respondent no. 2 have two sons, namely Riday and Dhruv. As decided by parties, custody of Riday shall remain with petitioner no. 1 while custody of Dhruv shall remain with respondent no. 2. Visitation rights of petitioner no. 1 and respondent no. 2 to meet their sons shall be once in a month as mutually agreed. Respondent no. 2 submits that she has received full and final settlement amount in lieu of her entire stridhan and alimony. However, as regards rights of their sons, parties are aware that the same shall remain intact. Respondent no. 2 submits that she does not wish to pursue prosecution of petitioners.

4. Detailed statements of the 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.

6. Therefore, the petition is allowed and consequently FIR No. 390/2023 of PS Rajouri Garden for offences under Section 323/498A/406/509/34 IPC as well as proceedings arising out of the same are quashed. Pending application stands disposed of.

                                                                       GIRISH    GIRISH KATHPALIA
                                                                       KATHPALIA Date: 2025.05.23
                                                                                 17:23:25 +05'30'

                                                                                  GIRISH KATHPALIA
                                                                                       (JUDGE)
                          MAY 23, 2025
                          'as'
                          CRL.M.C.3441/2025                                                  Page 2 of 2 pages