Anshul And Anothers v. State Of NCT Of Delhi And Anothers

$~70 & 72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6517/2024 & CRL.M.A. 24932/2024 ANSHUL AND ANOTHERS .....Petitioners Through:

Mr. Neeraj Sood, Adv. with petitioners in person versus STATE OF NCT OF DELHI AND ANOTHERS ....Respondents Through:

Mr. Pradeep Gahlot, APP for State SI Pratap Singh & ASI Sunita PS Mohan Garden Mr Vinal, Adv. for complainant /R-2 + CRL.M.C. 6488/2024 & CRL.M.A. 24823/2024 SAHIL AND OTHERS .....Petitioners Through:

Mr. Neeraj Sood, Adv. with petitioners in person versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Pradeep Gahlot, APP for State Insp. Naveen Kumar & W/ASI Sunita PS S P Badli Mr Vinal, Adv. for complainant /R-2

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 21.08.2024 1.

The above captioned petitions have been filed seeking quashing of 2 FIRs, namely FIR No. 249/2022 under sections 323/354/427/34 IPC PS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mohan Garden and FIR No.654/2022 under section 498-A/406/34 IPC PS Samaypur Badli. Complaint was filed on basis of matrimonial dispute between petitioner Sahil and respondent no.2/ complainant. They have since resolved their disputes arising out of matrimonial discord by way of MOU dated 16th February 2024 which is on record of this Court. 2.

As per the settlement, a total of Rs. 7.50 lakhs is to be paid to respondent no.2 in both these proceedings, out of which the outstanding balance of Rs.3.50 lakhs is being paid today vide 2 DDs drawn on Central Bank of India bearing nos. 421374 and 421375 respectively for Rs.1.50 lakhs and Rs.2 lakhs respectively. The same have been handed over to respondent no.2, who is present in the Court and is duly identified by the IO. She has duly received them and acknowledges the same. She states that she has no objection to quashing of both the FIRs in view of settlement. 3.

All the petitioners, except for petitioner no.4 in CRL.M.C.- 6488/2024, in both these petitions are present in Court, while petitioner no.4 Ms. Sneha is present through VC. All of them are duly identified by IO and their counsel.

4.

The marriage of petitioner Sahil and respondent no.2 resulted in a divorce by decree dated 3rd July 2024. No child was born out of 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 both these FIRs as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petitions are allowed. Consequently, the FIR No. 249/2022 under sections 323/354/427/34 IPC PS Mohan Garden and FIR No.654/2022 under section 498-A/406/34 IPC PS Samaypur Badli along with proceedings emanating therefrom are quashed. 6.

Parties shall abide by the terms of settlement. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Both these petitions stand disposed of along with the pending applications.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 21, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.