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High Court of DelhiCRL.M.C./5306/2024

Manish Singh & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

2024-07-15Hon'Ble Mr. Justice Anish Dayal2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5306/2024& CRL.M.A. 20303/2024 MANISH SINGH & ORS.

.....Petitioners Through:

Mr. Vipin Dilawari, Adv. with petitioners in person versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the Statewith Ms. Prachi Bahl, Mr. Varun Gupta, Ms. Ritu Sharma & Mr Gaurav Kaushik, Advs.

with SI Om Prakash, PS Mansarovar Park Mr Mohammad Ali, Adv . Mr Girish Bhardwaj Adv, Mr Chhatresh Kumar Sahu Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 15.07.2024 1.

This petition is filed seeking quashing of FIR No.11/2019 under Sections 498A/406/34IPC and Section 4 Dowry Prohibition Act at P.S. Mansarovar Park, on the basis of settlement arrived at between the parties on 2nd March 2024, which is on record of this Court, arrived at in mediation proceedings before the Trial Court.

2.

Petitioner nos.1 to 5 and complainant/ respondent no.2 are present in the Court; all of whom duly identified by the IO, as also by their respective counsel.

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 09:53:25

3.

Marriage of petitioner no.1 and respondent no.2 was solemnised on 17th February 2016, which has since been dissolved by decree of divorce dated 13th May 2024. One male child namely 'Master A' was born out of this wedlock.

4.

As per the settlement of a total amount of Rs.5.5 lakhs, balance amount Rs.1.5 lakhs is tendered to respondent no.2 in the Court today by way of an FDR bearing No. 697640 of Central Bank of India in favour of 'Master A', of which respondent no.2 is the nominee, which she acknowledges and confirms. She also states that she has no objection to the FIR being quashed. 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.11/2019 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act at P.S. Mansarovar Park and proceedings emanating therefrom are quashed. It is however made clear that the said settlement will not affect the rights of the minor child in future.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 15, 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 02/07/2025 at 09:53:25