Kishore Aggarwal And ORS v. State Of NCT Delhi And ANR
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8324/2025 & CRL.M.A. 34741/2025 KISHORE AGGARWAL AND ORS .....Petitioners Through:
Mr. Sachidanand Chaudhary, Adv.
along with petitioners versus STATE OF NCT DELHI AND ANR .....Respondents Through:
Mr. Satish Kumar, APP for State with SI Arti Singh, PS Begumpur R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 21.11.2025 1.
The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed by the petitioners praying for quashing of FIR No. 107/2013 registered at Police Station Begampur for the offences punishable under Sections 323/354A/509 of the Indian Penal Code, 1860 (hereinafter "IPC").
2.
The brief facts of the case are that respondent no. 2, who is the wife of Anil Kumar Agarwal, alleged that on 31.03.2013, when she visited her matrimonial home to meet her husband, petitioner no. 1 refused to disclose his whereabouts and petitioner no. 1 demanded that she maintain physical relations with him in order to be allowed to live with her husband. When she refused, petitioner no. 1 allegedly slapped and punched her. Respondent no. 2 further alleged that petitioner no. 2 threatened to kill her. Based on her complaint, the present FIR was registered.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.
Settlement deed dated 19.07.2024 between the parties arrived through Mediation Centre, Patiala House Courts is on record and has been annexed as "Annexure P-2". In pursuance of the said settlement, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 107/2013 registered at Police Station Begampur against the petitioners. It is further agreed between the parties that Ms. Sharmila (sister of Anil Kumar Aggarwal) shall pay an amount of ₹4,500/- per month to Respondent No. 2 towards the educational expenses of the child, namely Divyani Aggarwal, until the completion of her matriculation.
5.
Respondent no. 2 has given a No Objection Certificate (hereinafter "NOC") in which it has been clearly mentioned that she has no objection if the present FIR gets quashed. The said NOC is attached to the present petition.
6.
It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 7.
Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
8.
Heard learned counsel for the parties and perused the record. 9.
The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Begampur. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Respondent no. 2 is also present in the Court and has been identified by the counsel and the Investigating Officer.
10.
On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties, and respondent no. 2 wishes to move on with her life without any hindrance. She does not want the pendency of these proceedings to obstruct her and her daughter's future in any manner. 11.
Keeping in view the fact that the matter stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 12.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
13.
It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.
14.
Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No. 107/2013 registered at Police Station Begampur for the offences punishable under Sections 323/354A/509 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 15.
The petition alongwith pending application(s), if any, stands disposed of.
AJAY DIGPAUL, J NOVEMBER 21, 2025/AS/yr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.