Sh. Rohit Pandey & ORS. v. State Of NCT Of Delhi & ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6086/2024 & CRL.M.A. 23316/2024 SH. ROHIT PANDEY & ORS.

.....Petitioners Through:

Mr. Kunal Bawa, Mr. Jatin Kalra, Mr. Piyush Ahluwalia & Ms. Naina, Advocates with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State SI Naveen Kumar PS Keshav Puram Complainant in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 07.08.2024 1.

This petition has been filed seeking quashing of FIR No.44/2024 registered at PS Keshav Puram under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 5th April 2024, which is on record of this Court.

2.

As per the settlement, a total amount of Rs.7 lakhs is to be paid to the respondent no.2-complainant; out of which Rs. 3 lakhs has been paid at the stage of first motion and balance amount of Rs.4 lakhs is to be paid at the time second motion, which counsels for the parties state shall be achieved today before the Trial Court.

3.

Petitioner nos. 1 to 5 and respondent no. 2 are present in Court and are duly identified by IO and the counsel. Respondent no.2 states that she has no objection to quashing of the FIR.

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 09/08/2024 at 12:24:12

4.

The marriage of petitioner no.1 and respondent no. 2 was solemnized on 7th February 2022 but due to marital discord, the marriage proceeded towards divorce. There is no child 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.44/2024 registered at PS Keshav Puram under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of along with the pending application.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 7, 2024/sm 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 09/08/2024 at 12:24:12