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High Court of DelhiW.P.(CRL)/494/2024

Sumit v. State (NCT Of Government Of Delhi & ANR.

2024-08-01Hon'Ble Mr. Justice Anish Dayal2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 494/2024 SUMIT .....Petitioner Through:

Ms. Shweta, Advocate.

versus STATE (NCT OF GOVERNMENT OF DELHI & ANR.

.....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for State with SI Ranjana PS Subzi Mandi

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 01.08.2024 1.

This petition has been filed seeking quashing of FIR no. 181/2020 registered at PS Subzi Mandi, Delhi under Sections 498-A/406/509/34 IPC on the basis of settlement arrived at through mediation Tis Hazari Court dated 23rd August, 2024. The said mediation is confirmed by IO 2.

As per the settlement, Rs. 4 lac were to be paid to the respondent no.2, Rs. 3 lac has already been paid and acknowledged by respondent no.2, balance of Rs. 1 lac is being paid today vide Cheque no. 262488 drawn on Union Bank of India dated 01st August, 2024 to respondent no.2, the same has been handed over to respondent no.2 who has duly received it in Court. Respondent no.2 confirms that nothing further is due.

3.

Considering that the amount is being given by the cheque, the quashing is conditional on the cheque being honoured.

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 04/07/2025 at 04:12:21

4.

Affidavit will be placed on record by counsel for complainant before the Court that the cheque stands honoured. In any other situation, they will be liberty to approach this Court.

5.

Petitioner and respondent no.2 have since got divorce by a decree dated 23rd September, 2023. There was no child born out of wedlock. 6.

Petitioner no.1 and respondent no.2 are present in Court and duly identified by the IO.

7.

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. 181/2020 under Sections 498-A/406/509/34 IPC registered at PS Subzi Mandi, Delhi and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

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

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 1, 2024/RK Click here to check corrigendum, if any 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 04/07/2025 at 04:12:21