Ishan Khattar And ORS. v. State Through Sho Ps Najafgarh And ANR

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6154/2024 & CRL.M.A. 23533/2024 ISHAN KHATTAR AND ORS.

.....Petitioners Through:

Ms. Pushplata, Adv.

versus STATE THROUGH SHO PS NAJAFGARH AND ANR .....Respondents Through:

Mr Hitesh Vali APP with Mr Deepankar Kataria Advocate for State with SI Sunil, PS Najafgarh.

Mr. Harsh B., Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.08.2024 1.

This petition has been filed seeking quashing of FIR No.310/2019 PS Najafgarh under Sections 498A/406/354/354A/34 IPC, on grounds of settlement between the parties dated July 2023 which is on record of this Court.

2.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 11th November, 2016. One female child was born out of wedlock. Due to matrimonial discord, the marriage has resulted in a divorce by decree dated 19th March, 2024.

3.

As per the settlement, an amount of Rs.25 Lacs is to be paid to respondent No.2, out of which an outstanding amount of Rs.5 Lacs has been 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 13/08/2024 at 11:39:06

paid today vide DD No.812511 drawn on Canara Bank which is received by respondent No.2 in Court.

4.

Petitioner Nos.1 & 2 and respondent No.2 are present in Court and duly identified by the IO. Petitioner Nos.3 & 4 are present through VC. Respondent No.2 has no objection to the quashing of the said FIR. 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.310/2019 PS Najafgarh under Sections 498A/406/354/354A/34 IPC 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.

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

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 8, 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 13/08/2024 at 11:39:06