Shamshad And Others v. The State Of NCT Of Delhi And ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.6317/2024 SHAMSHAD AND OTHERS .....Petitioner Through:

Mr. Mohak Jain, Advocate along with petitioner no 1 to 6.

versus THE STATE OF NCT OF DELHI .....Respondent Through:

Mr.

S.

Gupta, Advocate for complainant with complainant.

Ms. Kiran Bairwa, APP for State with SI Pankaj Kumar, PS: Jyoti Nagar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 14.08.2024 CRL.M.A. 24161/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C.6317/2024 1.

This matter has been received on transfer from the Bench of Hon'ble Mr. Justice Dinesh Kumar Sharma since the Court is on leave. 2.

This petition has been filed seeking quashing of FIR no. 298/2017 registered at PS Jyoti Nagar, Delhi under Sections 498A/406/34 IPC and 4 DP Act on the basis of settlement arrived at between the parties dated 04th June, 2021with the facilitation of the Delhi Mediation Centre, Karkardooma 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 17/08/2024 at 14:21:15

Courts, which is on record of this Court.

3.

As per the settlement, total amount of Rs. 2 lacs had to be paid respondent no.2 wife. The said amount has been received by respondent no.2 who acknowledges it being present in Court and duly identified by IO. 4.

Petitioner no.1-6 and respondent no. 2 (complainant) are present in Court and are duly identified by IO and the respective counsels. 5.

The marriage of the petitioner and respondent no.2 has resulted in a divorce dated 03rd June, 2024. No child was born out of wedlock. 6.

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. 298/2017 under Sections 498A/406/34 IPC and 4 DP Act registered at PS Jyoti Nagar, Delhi and proceedings emanating therefrom are quashed. 7.

Parties shall abide by the terms of settlement. 8.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 14, 2024/RK 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 17/08/2024 at 14:21:15