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High Court of DelhiCRL.M.C./5339/2024

Shri Krishan Kumar Pandit & ORS. v. State Of NCT Of Delhi, Through, The Sho Ps Budh Vihar, Delhi & ANR.

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

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5339/2024 & CRL.M.A. 20414/2024 SHRI KRISHAN KUMAR PANDIT & ORS.

.....Petitioners Through:

Mr. Triloki Pandit, Adv. with petitioners in person versus STATE OF NCT OF DELHI, THROUGH, THE SHO PS BUDH VIHAR, DELHI & ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for the State ASI Devinder PS Budh Vihar Mr. Himanshu Adhikari Proxy counsel 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.173/2019, under Sections 406/498-A/34 IPC, P.S. Budh Vihar on the basis of settlement arrived at between the parties on 12th February 2021, with the facilitation of Counseling Cell before the Family Court, North District, Rohini Delhi. 2.

Petitioner nos. 1 to 3 and respondent no.2 are present in the Court and duly identified by the IO and the counsel.

3.

Petitioner no.1 and respondent no.2 were married on 15th December 2014 and have since reconciled all their disputes and are now living together as husband and wife. Respondent-wife is present in the Court confirms the factum of settlement and that she has no objection to quashing of FIR. There is no objection on behalf of State as well, in this behalf. 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 11:56:07

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.173/2019, under Sections 406/498-A/34 IPC, P.S. Budh Vihar 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 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 11:56:07