Ravi Kumar & ORS. v. State NCT Of Delhi And ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5242/2024 RAVI KUMAR & ORS.

.....Petitioners Through:

Mr. Kamal Kishore, Advocate.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Pradeep Gahlot, APP for State with Mr. Vishwas Miglani, Mr. Kunal Singh and Mr. Rishi Grover, Advocates with SI Chinki Yadav, PS: Bharat Nagar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 11.07.2024 CRL.M.A. 20004/2024(Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 5242/2024 1.

This petition has been filed for quashing of FIR no. 223/2014 registered at Bharat Nagar, North West, Delhi, under Sections 498A/406/323/509/34 IPC on the basis of a settlement arrived at between the parties with the facilitation of the Delhi Mediation Centre, Rohini, District Courts dated 11th December, 2020, which is on record of this Court.

2.

Pursuant to the settlement, the parties had obtained a divorce by decree dated 18th August, 2023. One male child was born out of the said wedlock. 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 11:49:29

3.

As per the settlement, balance amount of Rs. 1,30,000/- is to be tendered at this stage which has been provided by means of DD No. 355138 drawn on J&K Bank dated 03rd July, 2024 to the respondent no.2 who has accepted and acknowledged the same.

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. 223/2014 under Sections 498A/406/323/509/34 IPC registered at PSBharat Nagar, North West, Delhi, and proceedings emanating therefrom are quashed. 5.

Parties shall abide by the terms of settlement. 6.

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

7.

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

ANISH DAYAL, J JULY 11, 2024/RK 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 11:49:29