Kapil Kaushik v. State Of NCT Of Delhi & ANR.
$~13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6326/2024 CRL.M.A. 24183/2024 KAPIL KAUSHIK .....Petitioner Through:
Mr. Nipun Katyal and Mr. Nischay Johri, Advs versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for State with Insp. Neelamani, W/SI Rajani PS:
Mandir Marg.
+ CRL.M.C. 6334/2024 CRL.M.A. 24212/2024 RISHI KAUSHIK & ANR.
.....Petitioners Through:
Mr. Nipun Katyal and Mr. Nischay Johri, Advs versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for State with Insp. Neelamani, W/SI Rajani PS:
Mandir Marg
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 05.09.2024 1.
The matter had been kept to confirm the encashment of the cheque which is given as part of the settlement, as noted in the previous order dated 28th August, 2024.
2.
The complainant is present in Court duly identified by the IO and states 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 09/09/2024 at 12:13:30
that the cheque has since been encashed; she has no objection to the quashing of the FIR.
3.
The marriage of the petitioner no.1 and respondent resulted in a divorce by decree dated 21st December, 2023. One female child was born out of wedlock.
4.
Accordingly, FIRs stand quashed qua the petitioners. 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.
6.
Consequently, the FIR No. 20/2014 and 153/2024 under Sections 354A/ 354C/506/509 and 498/406/34 IPC registered at PS Mandir Marg, and proceedings emanating therefrom are quashed qua the petitioners. 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.
It is however made clear that the said settlement will not affect the rights of the minor child in future. Any clause of the settlement which is contrary to the same shall be invalid.
ANISH DAYAL, J SEPTEMBER 5, 2024/RK Click here to check corrigendum, if any 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 09/09/2024 at 12:13:30