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High Court of DelhiCRL.M.C./3441/2025

Gopal Kapoor And ANR v. State (NCT Of Delhi) And ANR

2025-05-23Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~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 J U D G M E N T (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 KATHPALIA Date: 2025.05.23 17:23:42 +05'30'

By:NEETU N NAIR 17:52:49 GIRISH KATHPALIA

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

GIRISH KATHPALIA GIRISH KATHPALIA (JUDGE) MAY 23, 2025 'as'

CRL.M.C.3441/2025 Page 2 of 2 pages By:NEETU N NAIR 17:52:49