Deepak Aggarwal & ORS. v. State Of NCT Delhi & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 760/2025 DEEPAK AGGARWAL & ORS.

.....Petitioners Through:

Mr. Kanhaiya Singhal, Mr. Binwant Singh, Mr. Prasanna, Mr. Ajay, Mr.

Pulkit Jolly, Ms. Ankita Makan, Advocates along with petitioners.

versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Rajkumar, APP for the State with SI Chitra.

Ms. Mamta Rani, Advocate for R-2 along with R-2.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.04.2025 1.

By way of the present petition, the petitioners are seeking to quash the FIR bearing no. 30/2021, registered at Police Station South Rohini, Delhi for the offences punishable under Sections 498A/406/377/376/323/506/509/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 2.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station South Rohini, Delhi.

3.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized on 11.12.2019, in accordance The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with Hindu rites. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no. 2 and petitioner no. 1 and respondent no. 2 started living separately since 25.01.2020. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute before Delhi Mediation Centre, Rohini Courts, New Delhi vide Mediation Settlement Agreement dated 01.06.2024.

4.

The learned counsel for the complainant/respondent no. 2 states that the present FIR in this case was registered as a result of marital discord between the parties and the allegations were levelled against the father-inlaw under Section 376 of IPC due to the marital discord. It is however, now stated that the parties have now since then settled the matter included having obtained a mutual consent divorce on 28.10.2024. 5.

This Court is of the opinion that though FIRs registered under Section 376 of IPC as a matter of right cannot be quashed and the attending circumstances are also to be considered by the Court, this Court having considered the fact that the present FIR was registered due to marital discord between the parties, the parties have settled the cases, have obtained mutual consent. Moreover, the complainant/respondent no. 2 wants to re-settle in her life and does not want to press charges or pursue the present complaint. 6.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. Therefore, she has no objection if the FIR is quashed. 7.

In view of the above, that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing no. 30/2021, registered at Police Station South Rohini, Delhi for the offences punishable under Sections 498A/406/377/376/323/506/509/34 of IPC and all consequential proceedings emanating therefrom are quashed.

9.

The petition stands disposed of.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 30, 2025/zp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.