Gopal & ANR. v. State Of NCT Of Delhi & ANR.
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5906/2024 GOPAL & ANR.
.....Petitioners Through:
Mr. Paras Chawla, Adv.
versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for the State with SI Vivek Tomar, PS NFC.
Mr. Tabrez Ahmad, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 20.08.2024 1.
This petition has been filed seeking quashing of FIR No. 306/2018 PS New Friends Colony under Sections 498A/406/34 IPC on the basis settlement dated 23rd May, 2023 arrived at with the facilitation of Mediation Centre, Saket Courts.
2.
Petitioner Nos.1-2 and respondent No.2/complainant are present before the Court and duly identified by the IO. 3.
As per the settlement, an amount of Rs.3 Lacs had to be paid as full and final settlement of the claims to respondent No.2. The said amount has been duly paid, which the respondent No.2 acknowledges, and she has no objection to the quashing of the said FIR. An affidavit on her behalf is also on record. The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 14th February, 2024. One female child 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 28/08/2024 at 12:25:30
was born out of wedlock.
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. 306/2018 PS New Friends Colony under Sections 498A/406/34 IPC 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.
It is however made clear that the said settlement will not affect the rights of the minor child in future.
8.
Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 20, 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 28/08/2024 at 12:25:30