Sunil & ORS. v. State & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5225/2024 SUNIL & ORS.

.....Petitioners Through:

Mr. Praveen Baisoya, Mr. Atul Kumar, Mr. Akash Paharia and Ms.

Jyoti Mishra, Advs. with petitioners in person versus STATE & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State with Ms. Manvi, Mr. Sunny, Mr.

Manoj Malik, Mr. Vipin Khera, Mr.

Pankaj Tyagi, Mr. Vinit, Mr. Nitin Garg & Mr. Naushad Alam, Advocates SI Chheetor Mal, PS Saket with SI Nasib Singh PS Fatehpur Beri Mr. Brijlal & Mr. Sandesh Kumar, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.07.2024 1.

This petition has been filed for quashing of FIR No. 459/2018 registered at PS Fatehpur Beri, under Sections 498A/406/34 of IPC on the basis of settlement arrived at between the parties on 08th May, 2023 with the facilitation of Mediation Centre, Saket Courts, which is on record of this Court.

2.

Petitioner nos.1 to 3 and complainant/ respondent no.2 are present in the Court; all of whom are duly identified by the IO, as also by their 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 30/07/2024 at 11:43:42

respective counsels.

3.

It is noted that two sisters-in-law of respondent no.2, who were initially accused, have already been discharged by order of dated 17th August 2022. 4.

Marriage of petitioner no.1 and respondent no.2 was solemnised on 7th December 2023, which has since been dissolved by decree of divorce dated 29th January 2024. No child was born out of this wedlock. 5.

As per settlement of total amount of Rs.4 lakhs has been paid to respondent no.2 towards full and final settlement of all her claims which she acknowledges having received and states 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. Accordingly, the petition is allowed. Consequently, the FIR No. 459/2018 registered at PS Fatehpur Beri, under Sections 498A/406/34 of IPC and proceedings emanating therefrom are quashed.

7.

Parties shall abide by the terms of settlement. 8.

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

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 25, 2024/sm 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 30/07/2024 at 11:43:42