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High Court of DelhiCRL.M.C./3018/2024

Sh. Sachender @ Satender & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

2024-12-02Hon'Ble Mr. Justice Anish Dayal2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3018/2024 CRL.M.A. 11610/2024 SH. SACHENDER @ SATENDER & ORS.

.....Petitioners Through:

Ms Rishika Arora, Adv. (VC) Petitioner no.1 is present in Court.

versus THE STATE GOVT. OF NCT OF DELHI & ANR. .....Respondent Through:

Mr. Pradeep Gahalot, APP for State with SI Brahm Prakash PS Sultanpuri.

Mr. Dinesh Singhal, Adv for R-2 with R-2 (both thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 02.12.2024 1.

This petition has been filed for quashing of FIR No. 678/2020 dated 03rd June 2020 under Sections 498A/323/341/34 IPC registered at Police Station Sultan Puri, based on settlement arrived at between the parties dated 31st March 2023, arrived at with the facilitation of the Delhi Mediation Centre, Rohini District Courts, Delhi, which is on record of this Court. Chargesheet, in this matter, was filed under Sections 498A/506/323/341/341PC on 22nd July 2020.

2.

Petitioner no.1 is present in Court and respondent no. 2 is present through VC along with her counsel, both are duly identified by the IO and the respective counsels. Appearance of petitioner nos.2-7 was exempted by order dated 22nd April 2024.

3.

Amounts stated in the settlement stand paid to respondent no.2, which 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 06/12/2024 at 12:12:48

is confirmed by respondent no.2 who also states that she has no objection to the FIR being quashed. Her affidavit of No Objection is already on record. 4.

Marriage of petitioner no.1 and respondent no.2 stood dissolved by decree of divorce dated 2nd August 2023; no child was born out of this wedlock.

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. 678/2020 dated 03rd June 2020 under Sections 498A/323/341/34 IPC registered at Police Station Sultan Puri, 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.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 2, 2024/sm/sc 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 06/12/2024 at 12:12:48