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High Court of DelhiCRL.M.C./4889/2024

Vishal Chatran And ORS v. The State NCT Of Delhi And ANR.

2024-07-01Hon'Ble Mr. Justice Anish Dayal2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4889/2024 VISHAL CHATRAN AND ORS ..... Petitioners Through Mr. Manoj Kumar, Adv. with petitioners in person versus THE STATE NCT OF DELHI AND ANR. ..... Respondents Through Mr. Hitesh Vali, APP For the State with SI Ravindra, PS south Rohini Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 01.07.2024 Crl. M.A. 18661/2024 (seeking exemption from filing certified copies) 1.

Exemption granted subject to all just exceptions. 2.

Application stands disposed of accordingly.

CRL.M.C. 4889/2024 1.

This petition has been filed seeking quashing of FIR No.15/2018 PS South Rohini registered on 10th November 2018, under sections 498A/406/34 Indian Penal Code, 1860 ("IPC") and Sections 3 & 4 of Dowry Prohibition Act, 1961, on the ground of settlement between the parties dated 28th November 2021, copy of which is on record of the Court. 2.

It is stated that pursuant to FIR being filed, some mediation process was instituted between the parties and with intervention of relatives and friends, a settlement was arrived at on 28th November 2021. Petitioner no.1 and respondent no.2 were married on 6th December 2014 but no child 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 11:30:31

was born out of said wedlock. Pursuant to matrimonial discord between them, respondent no.2 left the company of petitioner no.1 and filed the aforementioned FIR.

3.

However, pursuant to settlement between the parties dated 28th November 2021, petitioner no.1 and respondent no.2 secured divorce, which fact is confirmed by petitioner no.1 and respondent no.2 who are both present in the Court and duly identified by the Investigating Officer. 4.

Other members of family of petitioner no.1, namely petitioner nos. 2, 3 and 4 are also present in the Court and duly identified by the Investigating Officer. Affidavits of all petitioners and respondent no.2 are also on record. 5.

Respondent no.2 further states that she has since re-married. She further submits that she has no objection to quashing of the FIR. 6.

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. 7.

Accordingly, the petition is allowed. Consequently, the FIR No.15/2018 PS South Rohini registered on 10th November 2018, under sections 498A/406/34 IPC and Sections 3 & 4 of Dowry Prohibition Act, and proceedings emanating therefrom are quashed. 8.

Parties shall abide by the terms of settlement. 9.

Petition stands disposed of accordingly.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 1, 2024/sm/ig 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 11:30:31