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High Court of DelhiW.P.(CRL)/856/2025

Sh. Vinay Aggarwal & ORS. v. State (NCT Of Delhi) & ANR.

2025-04-22Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 856/2025 SH. VINAY AGGARWAL & ORS.

.....Petitioners Through:

Mr. Rajeev Saini, Advocate versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (CRL) with Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva with SI Ajay P.S. Ashok Vihar.

Mr. Arjun Anand, Ms.

Priyam Wadhawan, Mr. Antriksh Tiwari, Advocates for R-2 along with R-2.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 22.04.2025 CRL.M.A. 7969/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 856/2025 3.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 430/2023, registered at P.S. Ashok Vihar, Delhi for the offences punishable under Sections 406/420/34 of the Indian Penal Code, 1860 (hereafter 'IPC') and all proceedings emanating therefrom. 4.

Issue notice. Mr. Sanjay Lao, the learned Standing Counsel accepts notice on behalf of the State.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

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

6.

Brief facts of the case are that the marriage between the petitioner no. 1 and the respondent no. 2 was solemnized at Delhi on 11.12.2009, in accordance with Hindu rites. Two children namely Vedant Aggarwal was born on 29.09.2010 and Aditya Aggarwal was born on 06.06.2015 out of the said wedlock. It is stated that due to various differences, disputes and issues had arisen between the petitioners and the respondent no. 2 and respondent no. 2 started living separately since 06.06.2025. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. It is stated that statement of petition no. 1 and respondent no. 2 was recorded before the concerned Court. On 30.07.2024, the marriage was dissolved before the concerned Court.

7.

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. 8.

In view of the above, that the parties have amicably resolved their 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. 9.

Accordingly, FIR bearing No. 430/2023, registered at P.S. Ashok Vihar, Delhi for the offences punishable under Sections 406/420/34 of IPC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and all consequential proceedings emanating therefrom are quashed. 10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 22, 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.