Hitesh Gupta & ORS. v. The State Of NCT Of Delhi & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5793/2024 HITESH GUPTA & ORS.

.....Petitioners Through:

Mr. Punit Vinay, Mr. Surakshit, Mr.

Abhay Sharma, Mr. Naresh Kapoor and Mr. Abhishek Kumar Singh, Advs.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Ajay Vikram, APP for the State with SI Sumeet Poonia, PS Vivek Vihar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 30.07.2024 1.

This petition has been filed seeking quashing of FIR No. 462/2014, under Sections 498A/406/34 IPC PS Vivek Vihar on the basis of settlement arrived at between the parties through the facilitation of the Delhi Mediation Centre, Tis Hazari Court, Delhi on 13th May, 2024 which is on record of this Court.

2.

The petitioner and respondent No.2 got married on 26th January, 2006. One male child was born out of wedlock. Pursuant to matrimonial discord, the marriage resulted in a divorce by decree dated 07th September, 2022. 3.

As per the settlement, an amount of Rs.11 Lacs had to be paid, out of which an outstanding balance of Rs.5 Lacs is being paid today vide DD No.001917 drawn on Axis Bank Ltd. which is received by respondent No.2. 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 08:01:15

4.

Petitioner Nos.1-3 and respondent No.2 are present in Court and duly identified by the IO.

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. 462/2014, under Sections 498A/406/34 IPC PS Vivek Vihar and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

It is however made clear that the said settlement will not affect the rights of the minor child in future.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 30, 2024/MK 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 08:01:15