Anuj Tanwar & ORS. v. State (Govt, Of NCT Of Delhi) & ANR.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2582/2024 & CRL.M.A. 25249/2024 ANUJ TANWAR & ORS.

.....Petitioners Through:

Mr. Ishan Srivastava, Mr. Bharat Gupta & Mr. Varun Tyagi, Advocates with petitioners in person , versus STATE (GOVT, OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav K Arya, Adv. For the State SI Robin PS Moti Nagar Mr.. Shokeen A. Rajput, Adv. For R2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.08.2024 1.

This petition has been filed seeking quashing of FIR No.685/2023 registered under Sections 498A/406/34 IPC Police Station Moti Nagar on the basis of settlement arrived at between the parties dated 9th April 2024 with the facilitation of Counseling Cell, Tis Hazari Courts, Delhi, which is on record of this Court.

2.

As per the settlement, out of total settlement of Rs. 19 lakhs to be paid to respondent no.2, outstanding balance of Rs.7.5 lakhs is being paid today by way of a demand draft. The same has been handed over to respondent no.2 who has duly received it in Court, who acknowledges the same and states that she has no objection to quashing of the FIR 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 12:36:48

3.

Petitioner no.1-3 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. 4.

The marriage of petitioner no.1 and respondent no. 2 has resulted in a divorce by decree dated 18th May, 2024. No child is 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 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. 685/2023 registered under Sections 498A/406/34 IPC Police Station Moti Nagar and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

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

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 23, 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 12:36:48