Rakesh Panchal v. The State & ANR.
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3104/2024 & CRL.M.A. 12015/2024 RAKESH PANCHAL .....Petitioner Through:
Mr. Ramanand, Adv. with petitioner in person versus THE STATE & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for State WSI Manisha & SI Dhyanendra PS Dabri with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 20.08.2024 1.
This petition has been filed seeking quashing of FIR No.168/2021 under Section 498-A IPC P.S. Dabri, basis settlement arrived at between the parties dated 17th May 2023, which is on record of this Court. 2.
Entire amounts, as per the settlement, stand paid to respondent no.2, which is confirmed by respondent no.2, who is present in the Court and is duly identified by the IO. She states that she has no objection to quashing of the FIR.
3.
Petitioner is also present in Court and are duly identified by IO and the counsel.
4.
The marriage of petitioner and respondent no.2 resulted in a divorce by decree dated 1st July 2023. One female child was born out of 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 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 28/08/2024 at 12:26:14
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.168/2021 under Section 498-A IPC P.S. Dabri and proceedings emanating therefrom are quashed.
6.
Parties shall abide by the terms of settlement. 7.
Accordingly, the petition is disposed of. Pending application is 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 AUGUST 20, 2024/sm 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 28/08/2024 at 12:26:14