Ravi Kant Pandey & ORS. v. The State ( N C T Of Delhi) & ANR.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4966/2024 RAVI KANT PANDEY & ORS.

.....Petitioner Through:

versus THE STATE ( N C T OF DELHI) & ANR.

.....Respondent Through:

Mr. Nawal Kishore Jha, APP for the State with ASI S. Hussain, PS: Neb Sarai.

Mr. Anuj Jain, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 03.07.2024 CRL.M.A. 18991/2024 (Exemption) 1.

Exemption allowed subject to just exceptions. 2.

Accordingly, application stands disposed of.

CRL.M.C. 4966/2024 1.

This petition has been filed seeking quashing of FIR No.0111/2021 on the basis of settlement arrived at between the partes dated 10thJanuary, 2024, through the facilitation of Delhi High Court Mediation and Conciliation Centre, which is placed on record. The said FIR was registered under Sections 498A/406/34 IPCat PS Neb Sarai.

2.

The marriage of petitioner no.1 and respondent no.2 was solemnized on 12th May, 2018. One male child was born out of wedlock. As per the settlement, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

an amount of Rs. 20,50,000/- has been agreed to be paid by petitioner no. 1 to respondent no.2. An amount of Rs. 9,50,000/- has already been paid which is duly acknowledged by respondent no.2.

3.

Balance amount of Rs. 11 lacs is being paid by way of DD No. 288206 dated 08.05.2024 drawn on State Bank of India, which is being received by counsel for respondent no.2. Respondent no.2 acknowledges the receipt of the balance amount of Rs. 11 lacs through the aforesaid draft which has been handed over to counsel Mr. Anuj Jain in Court. 4.

Petitioner no.1 is present in Court while respondent no.2 appears through VC, and are duly identified by the IO and the respective counsel. 5.

Petitioner no.2-3 are the mother and the sister of petitioner no.1, former being a senior citizen, and the latter being in advance stages of pregnancy and therefore cannot appear in the Court; their appearance is accordingly exempted. 6.

Affidavit of respondent no.2 having no objection of the quashing of the said FIR is also on record.

7.

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. 0111/2021under Sections 498A/406/34 IPCregistered at PS Neb Sarai and proceedings emanating therefrom are quashed.

8.

It is however made clear that the said settlement will not affect the rights of the minor child in future.

9.

Parties shall abide by the terms of settlement. 10.

Accordingly, the petition is disposed of. Pending applications (if any) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are disposed of as infructuous.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 3, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.