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High Court of DelhiCRL.M.C./6045/2024

Naved Ali & ORS. v. The State (NCT Of Delhi) & ANR.

2024-08-06Hon'Ble Mr. Justice Anish Dayal2 pages

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6045/2024 NAVED ALI & ORS.

.....Petitioners Through:

Mr. Raizwan Khan, Mr. Sanjay Kumar Vimal, Mr. Mohd. Azeem, Mohd.

Haseeb Chaudhary, Advocates.

versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for State with SI Rajak Ahamd, PS: Sangam Vihar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 06.08.2024 1.

This petition has been filed seeking quashing of FIR no. 46/2021 registered at PS Sangam Vihar, Delhi under Sections 498A /406/34 IPC on the basis of settlement arrived at between the parties dated 08th December, 2022 with the facilitation of the Delhi Mediation Centre, Saket Courts, which is on record of this Court.

2.

Petitioner no.1 and complainant/respondent no. 2 were married on 19th December, 2015 but due to marital discord have been living separately since August, 2019. They have agreed as per the settlement to settle their disputes and live together as a married couple in peace and harmony along with their one male child.

3.

Both the parties are present in Court and are duly identified by the IO 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 09:48:15

and confirm the same.

4.

As regards the petitioner no.2-4, the family of the petitioner no.1 are present through VC and are duly identified by IO and the counsel for the petitioner.

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. 46/2024 under Sections 498A I 406/ 34 IPC registered at PS Sangam Vihar, Delhi 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.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 6, 2024/RK Click here to check corrigendum, if any 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 09:48:15