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High Court of DelhiCRL.M.C./5174/2024

Yatendra Singh & ORS. v. The Govt. Of NCT Of Delhi & ANR.

2024-07-09Hon'Ble Mr. Justice Anish Dayal2 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5174/2024 & CRL.M.A. 19733/2024 YATENDRA SINGH & ORS.

.....Petitioners Through:

Mr. Zahid Ali & Mr. Menhadi Hasan, Advs.

versus THE GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State with ASI Shiv Kr., PS Pul Prahladpur.

Mr. Hemand Mudgil, Adv. for Complainant.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.07.2024 1.

This petition has been filed for quashing of FIR No.422/2022 PS Pul Prahladpur under Sections 498A/406/34 IPC on the basis of settlement dated 03rd April, 2024 arrived at between the parties, which is on record of the Court.

2.

The marriage of the petitioner No.1 and respondent No.2 was solemnised on 25th May, 2022 and due to discord the divorce has been obtained by decree dated 15th May, 2024. There is no child borne out of wedlock.

3.

As per the settlement, an amount of Rs.5 Lacs has already been paid during the divorce proceedings and the balance amount of Rs.10 Lacs is being tendered today vide DD No.678300 drawn on State Bank of India dated 29th June, 2024, which is received by respondent No.2 in Court and 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 12:11:06

duly acknowledged. Petitioners are present in Court and duly identified by the IO except for petitioner Nos.4 and 9 who are appearing through VC and petitioner No.3 who is not available because she is paralysed and is exempted.

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.422/2022 PS Pul Prahladpur under Sections 498A/406/34 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 9, 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 12:11:06