Manoj Thakran & ORS. v. State (NCT Of Delhi) & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5447/2024&CRL.M.A. 20858/2024 MANOJ THAKRAN & ORS.

.....Petitioners Through:

Mr. Satyam Thareja & Mr. Pratyaksh Sikodia, Advs. with petitioners 1 and 4 in person Petitioner no.3 in person (thru VC) versus STATE (NCT OF DELHI) & ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for the State with Mr. Sanjeev Vats, Mr. Rahul Vats, Mr. Rahul Verma & Mr. Raj Kumar Khatri, Advs SI Mohan Lal, PS Alipur Mr. Tushar Rohmitra, Adv. for R-2/complainant Suman R-2 is Suman present (thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 19.07.2024 1.

This petition is filed seeking quashing of FIR No. 307 /2010, PS Alipur under Sections 498-A/406/34 IPC on ground of settlement arrived at between the parties on 9th April 2024, through facilitation of Delhi Mediation Centre, Rohini District Courts, Delhi, which is on record of this Court. 2.

Petitioner nos.1 and 4are present in the Court and petitioner no.3 is present through VC; all of them are duly identified by the IO and their counsel. Respondent no.2/complainant is present through VC and is also duly identified by the IO and her counsel who are present in the Court. 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 11:17:04

Petitioner no.2 is stated to be unable to log in and is therefore, exempted for today.

3.

Marriage of petitioner no.1 and respondent no.2 was solemnised on 15th February 2010 which later resulted in divorce by decree dated 12th December 2012. No child was born out of this wedlock. 4.

As per settlement, an amount of Rs.6 lakhs is to be to be paid to respondent no.2 by petitioner no.1, out of which Rs.2 lakhs already stands paid. As regards the balance amount of Rs.4 lakhs, Demand Draft No. 074229 2nd July 2024, drawn on Bank of Baroda is handed over to Mr. Tushar Rohmitra, Advocate appearing for respondent no.2 in the Court today. 5.

Respondent no.2, who is present through VC, states that she has authorised her counsel to accept the demand draft on her behalf. 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. 7.

Accordingly, the petitions are allowed and FIR No. 307 /2010, PS Alipur under Sections 498-A/406/34 IPC and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

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

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 19, 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 11:17:04