Jashmean @ Jashmean Dagar & ORS. v. State & ANR.

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4773/2024 CRL.M.A. 17858/2024 CRL.M.A. 17859/2024 JASHMEAN @ JASHMEAN DAGAR & ORS.

.....Petitioners Through:

Mr. Naresh Dagar, Mr. Nikhil Kumar and Mr. Rohit Ahlawat, Advs.

versus STATE & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for the State with SI Gayatri, PS BHD Nagar.

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

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 30.09.2024 1.

This petition has been filed seeking quashing of FIR No. 94/2019, under Sections 498A/506/406/34 IPC PS BHD Nagar basis settlement dated 18th April, 2022 arrived at with the facilitation of the Mediation Centre, Dwarka Courts, which is on record of this Court. 2.

Petitioner Nos.1-7 and respondent No.2/complainant are present in Court and duly identified by the IO and their respective counsel. 3.

As per the settlement, a final outstanding balance of Rs.3 Lacs is tendered vide DD Nos.089635 & 089633, drawn on Punjab National Bank which has been received by respondent No.2 in Court. 4.

The marriage between petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 20th February, 2023. One female child has been born out of wedlock.

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 02/07/2025 at 09:34:49

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. 94/2019, under Sections 498A/506/406/34 IPC PS BHD Nagar 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 30, 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 02/07/2025 at 09:34:49