Nadeem And Others v. State NCT Of Delhi And ANR

$~37 & 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 785/2024 NADEEM AND OTHERS .....Petitioner Through:

Mr. Rashid Hashmi, Advocate for petitioner nos. 1 and 2.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Hemat Mehla, APP for State with SI Priyank Rana, PS: Darya Ganj.

Mr. Arshad Khan, Mr. Razia Sultana, Advocates for R-2.

+ CRL.M.C. 821/2024 NADEEM AND ORS .....Petitioners Through:

Mr. Rashid Hashmi, Advocate for petitioner nos. 1 and 2.

versus STATE NCT OF DELHI AND ORS.

.....Respondents Through:

Mr. Hemat Mehla, APP for State W/SI Anita Kumari, PS: Jama Masjid.

Mr. Arshad Khan, Mr. Razia Sultana, Advocates for R-2.

Mr. J. Ashroof, Advocate for R-4.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 27.09.2024 1.

These petitions have been filed seeking quashing of FIR no. 257/2014 and 124/2014 registered at PS Darya Ganj and PS Jama Masjid, Delhi under Sections 323/315/511 of IPC and Sections 498/406/34 IPC based on compromise arrived at between the parties dated 12th January, 2024 which is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:24:18

on record of this Court.

2.

As per the said settlement, outstanding balance of 4 lacs is being paid today vide DD nos. 198225 and 198227. The same has been handed over to respondent no.2 who has duly received it in Court. 3.

Petitioners in both these matters are present in Court and are duly identified by IO and the respective counsel. Respondent no.2 has no objection to the quashing of the FIR.

4.

The marriage of petitioner no.1 and respondent no.2 has since culminated in a divorce. One female child was born out of wedlock namely Alima Khan.

5.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 257/2014 and 124/2014 under Sections 323/315/511 of IPC and Sections 498/406/34 IPC registered at PS Darya Ganj and PS Jama Masjid, Delhi and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

It is however made clear that the said settlement will not affect the rights of the minor child in future.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 27, 2024/RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:24:18