Ashish & ORS. v. State Of NCT Of Dehi And ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4831/2024 & CRL.M.A. 18048/2024 ASHISH & ORS.

.....Petitioners Through:

Mr. Brijesh Tiwari, Advocate with petitioners in person (thru VC) versus STATE OF NCT OF DEHI AND ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State SI Sheetal PS Alipur Mr. Rishipal Singh, Adv. for R-2 with R-2 (both thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 29.08.2024 1.

This petition has been filed seeking quashing of FIR No.767/2021 registered at PS Alipur, Delhi under Sections 498A/406/354/354(A)/506/509/34 IPC on the basis of settlement arrived at between the parties dated 20th February 2024, arrived at with facilitation of Counselling Cell, Family Court, North District, Rohini, which is on record of this Court.

2.

As per the settlement, out of total settlement of Rs. 11 lakhs, outstanding balance of Rs. 3 lakhs is being paid today to respondent on.2 who has duly received and acknowledged the same.

3.

Petitioner no.1-5 and respondent no. 2 are present through VC accompanied by their respective counsels and are duly identified by IO. 4.

The marriage of petitioner no.1 and respondent no. 2 resulted in a divorce by decree dated 18th April 2024. One female child was born out of 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 02/09/2024 at 12:18:32

wedlock, who is in custody of the mother, respondent no.2. 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.767/2021 registered at PS Alipur, Delhi under Sections 498A/406/354/354(A)/506/509/34 IPC 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 29, 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 02/09/2024 at 12:18:32