Sh Rajesh & ORS. v. The State NCT Of Delhi And ANR
$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6234/2024 SH RAJESH & ORS.
.....Petitioners Through:
Mr. Vihsal & Mr,. Rohit Mathur, Advs.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Hitesh Vali, APP for the State SI Pancham Kumar PS Sadar Bazar Mr. Sunny Maurya, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 12.08.2024 CRL.M.A. 23826/2024 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 6234/2024 1.
This petition is filed seeking quashing of FIR No.452/2021 PS Sadar Bazar under Sections 498-A/406/34 IPC on the basis of settlement arrived at between the parties on 14th July 2022, which is on record of this Court. 2.
Petitioner nos. 1 to 4 and respondent no. 2 (complainant) are present in Court and are duly identified by IO and the respective counsels. 3.
As per the settlement out of total amount of Rs.2,75,000/- to be paid to respondent no.2; outstanding balance of Rs.75,000/- is paid to her in the Court today vide Demand Draft NBo.775351 drawn on Union Bank dated 9th 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 11:42:07
August 2024 which she receives and acknowledges and states that she has no objection to quashing of the FIR.
4.
Marriage of petitioner no.1 and respondent no. 2 was solemnized on 13th December, 2018 but due to marital discord, the marriage resulted in a divorce by decree dated 21st July 2023. There is no child born out of this 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.452/2021 PS Sadar Bazar under Sections 498-A/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. Pending applications (if any) are disposed of as infructuous.
8.
Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 12, 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 16/08/2024 at 11:42:07