Deepak Sharma & ORS. v. State Of NCT Of Delhi & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5178/2024CRL.M.A. 19768/2024 DEEPAK SHARMA & ORS.

.....Petitioners Through:

Mr. Ishvinder Singh, Adv. with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hitesh Wali, APP for the State SI Loveleen, PS Moti Nagar Respondent no.2/complainant in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 11.07.2024 1.

This petition is filed seeking quashing of FIR No.98/2022 registered at P.S Moti Nagar under Sections 498A/406/34IPC on the basis of settlement dated 27th April 2024 arrived at between the parties, which is on record. 2.

Petitioner nos.1 to 9 as also complainant/ respondent no.2 are present in Court, all of whom are duly identified by the IO, as also by the counsel. 3.

Marriage of petitioner no.1 and respondent no.2 was solemnised on 25th February 2021, which has since been dissolved by decree of divorce dated 24th May 2024. No child is born out of the said wedlock. 4.

As per settlement, a total of Rs. 10 lakhs is to be paid to respondent no.2, out of which Rs. 7 lakhs stands paid and balance amount of Rs. 3,00,000/- is tendered to respondent no.2 in Court today by way of Demand Draft No. 082906 dated 8th July 2024 drawn on Union Bank; which she accepts and acknowledges. She states that she has no objection to the 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 18/07/2024 at 11:49:21

quashing of the aforesaid FIR.

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.98/2022 registered at P.S Moti Nagar under Sections 498A/406/34 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 isdisposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 11, 2024/sm/na 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 18/07/2024 at 11:49:21