Afroj Alias Sibbu And ORS v. State And Anrs

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6277/2024 & CRL.M.A. 24027/2024 AFROJ ALIAS SIBBU AND ORS .....Petitioners Through:

Mr. Amit Kumar, Mr. Anil Kumar & Mr. Raj Kishore, Advocates with Petitioners 1 to 4 and 8 in person, petitioner nos. 5,6, 7 & 9 thru VC versus STATE AND ANRS .....Respondents Through:

Mr. Hitesh Vali, APP for the State & SI Naresh Kumar, PS Dabri Mr. Hemant Kumar Srivastava, Adv.

for R-2 with R-2 in person

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.06/2021 PS Dabri, Delhi on the basis of settlement arrived at between the parties dated 16th February 2021 with the facilitation of the Delhi Mediation Centre, Dwarka Courts, which is on record of this Court. 2.

Petitioner no.1 and respondent no.2 were married on 5th August 2020 but due to marital discord, their marriage resulted in divorce through 'talaq'. No child is born out of this wedlock.

3.

As per the settlement, an amount of Rs.3 lakhs has been agreed to be paid to respondent no.2 which has already been received and duly acknowledged by respondent no.2, who is present in the Court and is duly identified by the IO. 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 16/08/2024 at 11:41:42

4.

Petitioner nos.1 to 9 (petitioner nos. 5, 6, 7 and 9 are present through VC) are present and are duly identified by IO and their counsel. 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.6/2021 PS Dabri, Delhi and proceedings emanating therefrom are quashed. 6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 13, 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 11:41:42