KUNAL KUMAR GUPTA & ORS. vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04.03.2025 + CRL.M.C. 1021/2025 KUNAL KUMAR GUPTA & ORS. .....Petitioners Through: Mr. Sanyam Rastogi, Mr. Laksh Yadav and Ms. Vishi Aggarwal, Advs. alongwith petitioners (through VC). versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State with ASI Ravinder Tiwari and Insp. Mantosh Kumar, PS: Shalimar Bagh. Mr. Pulkit Gulati, Adv. for R-2 alongwith R-2 (through VC). CORAM: HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % JUDGMENT ANOOP KUMAR MENDIRATTA, J (ORAL) CRL.M.A. 4656/2025 Exemption allowed, subject to just exceptions. Application stands disposed of. CRL.M.C. 1021/2025 1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 469/2023, under Sections 498A/406/34 IPC registered at P.S.: Shalimar Bagh and proceedings emanating therefrom. 2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith R-2 (through VC) appear on advance notice and Signature Not Verified Digitally Signed CRL.M.C. 1021/2025 Page 1 of 3 By:DINESH CHANDRA Signing Date:05.03.2025 18:17:33 accept notice. 3. In brief, as per the case of the petitioners, marriage between petitioner no. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 09.02.2022. No child was born out of the wedlock. Due to matrimonial differences, petitioner no. 1 and respondent No.2 started living separately. On complaint of respondent No.2, present FIR was registered on 08.08.2023. 4. The disputes are stated to have been amicably settled between the parties in terms of MoU dated 14.06.2024. The marriage between petitioner No. 1 and respondent No. 2 has been d