Dinesh Phalswal & ORS. v. State Govt. Of Delhi & ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5668/2024 CRL.M.A. 21646/2024 DINESH PHALSWAL & ORS.

.....Petitioners Through:

Mr. Amod Sharma, Advocate along with petitioners (through VC) versus STATE GOVT. OF DELHI & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for State with SI Mandeep Kumar, PS: Punjabi Bagh and SI Ricah Sharma, PS: Cyber Cell.

Complainant through VC.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.07.2024 CRL.M.A. 21647/2024 CRL.M.A. 21648/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Applications are disposed of.

CRL.M.C. 5668/2024 1.

This petition has been filed seeking quashing of FIR no. 375/2017 registered at PS Punjabi Bagh, Delhi under Sections 498A/406/377/34 IPC on the basis of settlement arrived at between the parties dated 26th April, 2023 with the facilitation of the Delhi Mediation Centre, Tis Hazari Court, which is on record of this Court.

2.

Petitioner no.1 and respondent no. 2 were married on 26th January, 2004 but due to marital discord it resulted in a divorce by decree dated 13th May, 2024. One son and one daughter were born out of 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 02/07/2025 at 08:25:16

3.

Petitioner nos. 1 to 3 and respondent no.2 are present in Court and are duly identified by IO and the respective counsels. 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. 375/2017 under Sections 498A/406/377/34 IPC registered at PS Punjabi Bagh, Delhi 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.

Rights of the minor will be protected and any agreement between the parties which is otherwise, shall be considered as invalid under law. 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 25, 2024/RK Click here to check corrigendum, if any 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 08:25:16