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High Court of DelhiCRL.M.C./5017/2024

Panna Lal & ORS. v. State Govt. Of NCT Ofdelhi And ANR.

2024-07-04Hon'Ble Mr. Justice Anish Dayal2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5017/2024, CRL.M.A. 19173/2024 & CRL.M.A. 19174/2024 PANNA LAL & ORS.

.....Petitioners Through:

Mr. Ansar Ahmed, Adv.

versus STATE GOVT. OF NCT OFDELHI AND ANR. .....Respondents Through:

Ms. Meenakshi Dahiya, APP for the State with Mr. Ankit Vishnoi, Mr.

Kamal Kishore Sharma, Mr. Vishek Vats, Mr. Nitin, Ms. Sapna and Mr.

Chaitanya Jain, Advs.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 04.07.2024 CRL.M.A. 19173/2024 (Exemption) 1.

Exemption allowed subject to just exceptions. 2.

Accordingly, application stands disposed of.

CRL.M.A. 19174/2024 (Exemption) 1.

Petitioner Nos.2-5 are exempted on the ground that petitioner Nos.2 and 3 are senior citizens, whereas petitioner No.5 is employed with U.P. Police and is unable to be on leave, and petitioner No.4 is a mother with minor children and was unable to appear in Court. In any event, they are family members of petitioner No.1 and in the circumstances their appearances are exempted.

2.

Accordingly, application stands disposed 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 02/07/2025 at 10:52:13

CRL.M.C. 5017/2024 1.

This petition has been filed seeking quashing of FIR No.947/2016 PS Aman Vihar under Sections 406/498A IPC on the basis of a settlement arrived at between the parties on 27th April, 2023 with the facilitation of Delhi Mediation Centre, Rohini District Courts, Delhi, which is on record. 2.

It is noted in the settlement that the discord between the petitioner No.1 (husband) and respondent No.2 (wife) has now been resolved and they have agreed to stay together as a married couple. 3.

Both petitioner No.1 and respondent No.2 are present in Court, duly identified by the IO, and state that they have resolved their issues and are staying in peace and harmony together. No child has been born out of wedlock. The DV case has also been now disposed of, as informed by the counsel for the petitioner, on 30th October, 2023. 4.

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.947/2016 PS Aman Vihar under Sections 406/498A IPC and proceedings emanating therefrom are quashed.

5.

Parties shall abide by the terms of settlement. 6.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

7.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 4, 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 10:52:13