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High Court of DelhiCRL.M.C./5687/2024

Dhirender Sharma & ANR. v. The State Of NCT Of Delhi And ANR.

2024-07-26Hon'Ble Mr. Justice Anish Dayal2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5687/2024 & CRL.M.A. 21728/2024 DHIRENDER SHARMA & ANR.

.....Petitioners Through:

Chandrika Semwal advocate for petitioners Mr. Sumit Gaba, Adv.

(thru VC) Petitioner no.1 in person versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr Hitesh Vali, APP for the State with Mr. Deepankar Kataria, Adv.

SI Vikash Fageria I/C PP Subhash Nagar, PS Rajouri Garden R-2/complainant in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 26.07.2024 1.

This petition is filed seeking quashing of FIR No.201/2019 under Sections 406/498A/34 IPC PS Rajouri Garden, on the basis of settlement arrived at between the parties with the facilitation of Mediation Centre, Tis Hazari Courts, Delhi on 29th October 2022, which is on record of this Court. 2.

Petitioner no.1 and respondent no.2 complainant are present in the Court and duly identified by the IO. Petitioner no.2 is mother of petitioner no.1 who is a senior citizen and is unable to be present before the Court. Her appearance is exempted for today.

3.

Petitioner no.1 and respondent no.2 were married on 22nd June 2008 and one male child and one female child were born out of this wedlock. However, due to marital discord, they started living separately. 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 08:25:59

4.

As per the settlement, petitioner no.1 and respondent no.2, have resolved their disputes and are now living together as a married couple along with their children, in peace and harmony.

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.201/2019 under Sections 406/498A/34 IPC PS Rajouri Garden, and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of along with the pending application.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 26, 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 08:25:59