Sh. Kunal Aggarwal & Ors vs The State Nct Of Delhi And Anr
2025 Latest Caselaw 3496 Del

Delhi High Court

Sh. Kunal Aggarwal & Ors vs The State Nct Of Delhi And Anr on 27 May, 2025

                          $~62
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                           Date of Decision: 27.05.2025
                          +      W.P.(CRL) 1653/2025 & CRL.M.A. 15471/2025
                                 SH. KUNAL AGGARWAL & ORS.                              .....Petitioners
                                                   Through:     Mr. Sanjeev Kumar Yadav, Advocate.
                                                   versus

                                 THE STATE NCT OF DELHI AND ANR            .....Respondents
                                               Through: Mr. Anand V. Khatri, ASC for State
                                                        with ASI Usha, PS Vivek Vihar.
                                                        Ms. Meghna Kar, Advocate for R-2
                                                        with R-2 in person.

                                 CORAM:          JUSTICE GIRISH KATHPALIA

                          JUDGMENT              (ORAL)

1. Petitioners seek quashing of FIR No.138/2023 of PS Vivek Vihar for offences under Section 498A/406/34 IPC on the ground that they have compromised the disputes with the complainant de facto (respondent no.2 herein). All the petitioners and respondent no.2 are present in court, duly identified by their respective counsel and the Investigating Officer/ASI Usha. I have spoken with the parties in Hindi.

2. It is stated by both sides that parties have compromised 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 dated 14.02.2025.

W.P.(CRL) 1653/2025 Page 1 of 2 pages GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.27 14:07:57 +05'30'

No child was born in the matrimony of petitioner no.1 and respondent no.2. Respondent no.2 submits that she has received back her entire stridhan and that she does not want to claim any maintenance or permanent alimony. Respondent no.2 submits that she is well educated and shall not ever claim any maintenance or alimony. Respondent no.2 also submits that she does not wish to pursue prosecution of the petitioners.

3. Detailed statements of the parties have already been recorded by the Joint Registrar.

4. Considering the above circumstances, 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 FIR No.138/2023 of PS Vivek Vihar for offences under Section 498A/406/34 IPC as well as proceedings arising out of the same are quashed. Pending application stands disposed of.

                                                                           GIRISH    GIRISH KATHPALIA
                                                                           KATHPALIA Date: 2025.05.27
                                                                                     14:07:37 +05'30'

                                                                                GIRISH KATHPALIA
                                                                                     (JUDGE)
                          MAY 27, 2025/DR
                          W.P.(CRL) 1653/2025                                                Page 2 of 2 pages