Rajesh Aggarwal vs State NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 513

NAVIN CHAWLA
Rajesh Aggarwal – Appellant
Versus
State NCT of Delhi – Respondent

Advocates Appeared:
For the Petitioner: Mr. Manoj Taneja & Mr. Vishal Khadia.
For the Respondents: Mr. Shoaib Haider, APP., SI Ravi Beniwal, PS Govindpuri., SI Saurabh Parasan, PS Malvia Nagar, Mr. K.P. Toms & Mr. Piyush Mehra.

JUDGMENT :

Navin Chawla, J.

1. This petition has been filed under Section 482 of the Code of CRIMINAL PROCEDURE, 1973 (hereinafter referred to as ?Cr.P.C.?), praying for the quashing of FIR No. 0451/2017 registered at Police Station: Govindpuri, New Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ?IPC?), against, inter alia, the petitioners herein.

Background Facts:

2. The above FIR has been registered on the complaint of the respondent no.2, who is married to the nephew of petitioner no.1, that is, his sister?s son. In the FIR itself, it is recorded that respondent no.2 got married to the nephew of petitioner no.1, namely, Yogesh Gupta, on 23.04.1994. It is alleged that right from the date of the marriage, the relatives of Yogesh Gupta, including his mother and the petitioners herein, as also his other maternal uncle and his wife, had been harassing the respondent no.2 for dowry and had even given physical beatings to her.

3. Apart from the general allegations, the specific allegation against the petitioners is that on 18.07.2007, at about 9:00 PM, Mr. Yogesh Gupta along with petitioners and the mother-in-law of the complainant asked the com