Bhavesh Kumar And ORS v. State NCT Of Delhi And ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5932/2024 BHAVESH KUMAR AND ORS .....Petitioners Through:

Mr. Mohit Chaurasia and Ms. Dolly Nair, Advs.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

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

with ASI Gajraj Singh, PS Gokalpuri.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 13.08.2024 1.

This petition has been filed seeking quashing of FIR No. 514/2018 PS Gokalpuri under Sections 498A/406/34 IPC basis of settlement dated 08th July, 2023 arrived at with the facilitation of the Delhi Mediation Centre, Karkardooma Courts, New Delhi, which is on record of this Court. 2.

As per the settlement, a balance amount of Rs.1,60,000/- is tendered vide DD No.006732 drawn on HDFC Bank and duly received by respondent No.2 in Court.

3.

Petitioner Nos.1-5 and respondent No.2/complainant are present in Court and duly identified by the IO and their respective counsels. The marriage of the petitioner No.1 and respondent No.2 was solemnised on 24th February, 2018, but due to marital discord, the marriage has resulted in a divorce by decree dated 09th December, 2023. No child was born out of 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 16/08/2024 at 11:41:44

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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. 514/2018 PS Gokalpuri 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.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 13, 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 16/08/2024 at 11:41:44