Roshan And ORS v. State Of NCT Of Delhi And ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1228/2024 ROSHAN AND ORS .....Petitioners Through:

Mr. Puneet Sharma and Mr. Pratyush Ranjan, Advs.

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

Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar Arya, Adv.

with SI Annu, PS Narela.

Mr. Sujit Kumar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.08.2024 1.

This petition has been filed for quashing of FIR No. 634/2016, under Sections 498-A/406/34 IPC, PS Narela on the basis of settlement dated 02nd February, 203 arrived at between the parties before the Counselling Cell, Family Courts, which is on record of this Court. 2.

As per the settlement of Rs.8 Lacs, the balance amount of Rs.1.5 Lacs has been tendered vide DD No.756506 drawn on IDFC First Bank to the respondent No.2 along with Rs.10,000/- in cash for tendering of the said balance amount. Respondent No.2 duly accepts the same and states that she has no objection to the quashing of the said FIR. 3.

Petitioner Nos.2-4 are exempted from appearance on the ground that petitioner No.4 is unwell and is in hospital. 4.

The marriage of petitioner No.1 and respondent No.2 has resulted in a 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 12:36:37

divorce by decree dated 20th November, 2023. No 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 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. 634/2016, under Sections 498-A/406/34 IPC, PS Narela 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 given dasti.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 20, 2024/MK 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 12:36:37