Mohammad Aadil Alyais Aadil Saifi & ORS. v. The State NCT Of Delhi & ANR.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6584/2024 CRL.M.A. 25159/2024 MOHAMMAD AADIL ALYAIS AADIL SAIFI & ORS.

.....Petitioners Through:

Mr. Rishabh Gupta, Adv. with petitioners (thru VC) versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for State SI Pancham PS Sadar Bazar

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 29.08.2024 1.

Pursuant to order dated 23rd August 2024, it is reported by the APP, on instructions of the IO, that the demand draft furnished for Rs.1,70,000/- has since been encashed by respondent no.2.

2.

This petition has been filed seeking quashing of FIR No.28/2022 registered at PS Sadar Bazar, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 10th October, 2022 with the facilitation of the Delhi Mediation Centre, Tis Hazari Courts, which is on record of this Court.

3.

The marriage of petitioner no.1 and respondent no. 2 has culminated in a divorce by a decree dated 17th May, 2023. One male child was born out of wedlock.

4.

In this view of the matter, cconsidering the above settlement between the parties and the chances of conviction of the petitioners being remote and 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 02/09/2024 at 12:17:48

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.28/2022 registered at PS Sadar Bazar, Delhi under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed. 5.

Parties shall abide by the terms of settlement. 6.

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

7.

It is however made clear that the said settlement will not affect the rights of the minor child in future.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 29, 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 02/09/2024 at 12:17:48