Devi Dass And ORS v. State Through Sho Ps Mahendra Park And ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5937/2024 DEVI DASS AND ORS .....Petitioners Through:

Mr. Ashish Dutt, Adv.

versus STATE THROUGH SHO PS MAHENDRA PARK AND ANR .....Respondents Through:

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

with SI Geeta, PS Mahendra Park.

Mr. Manoj Kumar and Ms. Shailja Das, Advs. for complainant.

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. 712/2021 PS Mahendra Park under Sections 498A/406/34 IPC basis of settlement dated 09th January, 2023 arrived at with the facilitation of Counselling Cell, Family Courts, New Delhi, which is on record of this Court. 2.

As per the settlement, the outstanding balance amount of Rs.2,20,000/- is tendered vide DD No.502079 drawn on ICICI Bank and duly received by respondent No.2 in Court.

3.

Petitioner Nos.2-6 were exempted by previous order of this Court dated 02nd August, 2024. Petitioner No.1 and respondent No.2/complainant are present in Court and duly identified by the IO and their respective counsels. 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 11:40:44

4.

The marriage of the petitioner No.1 and respondent No.2 was solemnised on 18th April, 2018, but due to marital discord, the marriage has resulted in a divorce by decree dated 18th January, 2024. One girl child was born out of wedlock.

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. 712/2021 PS Mahendra Park under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

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

8.

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

9.

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 11:40:44