Jatinder Pal Singh & ORS. v. State NCT Of Delhi And ANR

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2509/2024 & CRL.M.A. 24462/2024 JATINDER PAL SINGH & ORS.

.....Petitioners Through:

Mr. Vineet Nagar, Advocates with petitioners in person versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Rahul Tyagi, ASC (Crl.) with Mr. Hardeep Singh, Mr. Ajay Kumar, Ms. Aakriti Nautiyal, Ms., Yukti Makan, Mr. Abhishek Tomar, Advocates for State SI Vinod Kumar, PS Mehrauli Mr, R K Shukla, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.08.2024 1.

This petition has been filed seeking quashing of FIR 417 /2024 under Sections 498A/406/34 IPC, P.S. Mehrauli, on the basis of settlement arrived at between the parties, with facilitation of Mediation Centre, Saket Courts, dated 24th April 2024, which is on record of this Court. 2.

As per the settlement, petitioner no.1 and respondent no.2, who were married and have two children out of this wedlock, have decided to live separately. Further, as per settlement maintenance of Rs. 20,000/- per month for the children, besides other conditions are stipulated in the said settlement deed.

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 28/08/2024 at 12:36:42

3.

Petitioner no.1 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. Petitioner nos. 2 and 3 are present through VC and duly identified by the IO and their counsel. 4.

Respondent no.2 states that she has no objection to quashing of the 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 417/2024 under Sections 498A/406/34 IPC, P.S. Mehrauli 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.

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 20, 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 28/08/2024 at 12:36:42