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B.A.KHAN, V.S.AGGARWAL
Sunil Aggarwal – Appellant
Versus
Commissioner of Police – Respondent


Advocates:
Counsel for the parties:
For the. Petitioner:Mr. Vimal Goyal, Advocate.
For the respondents/State:Ms. Mukta Gupta, Advocate.
For the Respondent No. 4:Mr. B.P. Aggarwal, Advocate.

JUDGMENT

B.A. Khan, J.- All these writ petitions are seeking quashing of FIR No. 740/2000 registered at P.S. Patel Nagar against petitioners on the complaint of R-4 under Sections 498-A and 406 IPC.

2. The controversy arises out of a matrimonial discord between one of the petitioners, Sunil Aggarwal (husband) and R-4 an Advocate wife. Other petitioners are related or linked to the husband and are named in the FIR. Petitioner in writ petition No. 1214/ 2000 Shanta Sunder Aggarwal is his mother and in writ petition No. 1295/ 2000 Shalini his sister. The other two petitions have been filed one by Sarita, his alleged second wife (Crl.W.P. No. 1294/2000) and the other (Crl.W.P. No. 1284/2000) by her father B.S. Puri. All these petitions are identical on all fours and challenge the FIR on same grounds and are, therefore, disposed by this common judgment.

3. Petitioner, Sunil Aggarwal and R-4 were married on 1.5.1983 and a son was born to them out of the wedlock. They fell out later, separated and launched litigation against each other. R-4 started first and filed. Suit No. 1031/88 for partition of joint property before this Court and obtained an injunction order dated 27.4.1989 restraini

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