Tushar Aggarwal & ORS. v. State & ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3633/2023 TUSHAR AGGARWAL & ORS.

..... Petitioners Through:

Mr. Mudit Jain, Mr. Sunil Aggarwal, Mr. Rudraksh Nakra, Ms. Mahima Malhotra, Mr. Aayush Goswami, Ms.

Garima Singh, Mr. Sameer Khurana and Mr. Kapil D. Vishwakarma, Advs.

versus STATE & ANR.

..... Respondents Through:

Ms. Nandita Rao, ASC for the State along with SI Pardeep, P.S. S. Place.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 17.05.2024 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 517/2023, registered at Police Station Subhash Place, New Delhi for the offences punishable under Sections 354/509/506/406/34 of the Indian Penal Code, 1860 („IPC‟) and Section 4 of Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom. 2.

All the petitioners are present before this Court and have been identified by their counsel Mr. Mudit Jain and Investigating Officer (IO) SI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Pardeep from Police Station Subhash Place, Delhi. 3.

Brief facts of the present case are that in May-June, 2023 respondent No. 2 was introduced to the family of the petitioners for marriage. In between 12.06.2023 to 14.06.2023, petitioner No. 1 met with the victim and on 15.06.2023, the disputes between the parties arose. It is stated that date of 25.06.2023 was fixed as the date of marriage between petitioner no. 1 and respondent no. 2. However, due to temperamental differences between the parties, the present FIR against the petitioners was registered. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes and an affidavit dated 16.11.2023 of respondent No.2 to that effect has been filed on record.

4.

On a query made by this Court, respondent no.2/complainant who is the father of the victim has categorically stated that the parties have compromised the matter of his own free will and without any pressure, coercion or threat. It is further stated that the present FIR will be coming in the way of her bright future.

5.

Today, the complainant who is present in Court states that the complainant has no objection, if the FIR is quashed. 6.

In view of the above fact 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. 7.

Accordingly, FIR bearing no. 517/2023, registered at Police Station Subhash Place, New Delhi for the offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

354/509/506/406/34 of the IPC and Section 4 of Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom are quashed, subject to the petitioners‟ depositing a sum of Rs.10,000/- each with the Delhi High Court Women Lawyers‟ Welfare Fund within one week from today.

8.

In view of above, the petition stands disposed of. 9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 17, 2024/A 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.