SH. KUNAL AGGARWAL & ORS. v. THE STATE NCT OF DELHI AND ANR
W.P.(CRL)/1653/2025 · 2025-05-27
Girish Kathpalia
Writ Petition (Criminal)body2025
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[ 2025 DAILYLAW 18822 (DEL) · dailylaw.ai ]
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[ 2025 DAILYLAW 18822 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(CRL) 1653/2025
Page 1 of 2 pages $~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
J U D G M E N T (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.
GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.27 14:07:57 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:27.05.2025 15:35:08 Signature Not Verified
W.P.(CRL) 1653/2025
Page 2 of 2 pages 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 KATHPALIA (JUDGE) MAY 27, 2025/DR GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.27 14:07:37 +05'30' By:NEETU N NAIR Signing Date:27.05.2025 15:35:08