Manoj Kumar Tamta & ANR. v. State NCT Of Delhi And ANR
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6667/2024 & CRL.M.A. 25440/2024 MANOJ KUMAR TAMTA & ANR.
.....Petitioners Through:
Mr. Sahil Sindhwani, Adv.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for the State with SI Ranjan, PS Bindapur and SI Nisha Dahiya, PS Mohan Garden.
Mr. Akhil Sabharwal, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 27.08.2024 1.
This petition has been filed seeking quashing of FIR No.238/2022, under Sections 498A/406/34 IPC, PS Mohan Garden on the basis of a settlement dated 05th March, 2024 arrived at with the facilitation of Mediation Centre, Dwarka Courts, which is record on this Court. 2.
As per the settlement, a balance amount of Rs.1,50,000/- is tendered vide DD No.026719 drawn on Canara Bank to respondent No.2, who has received it in Court. Petitioner Nos.1-2 and respondent No.2/complainant are present in Court and duly identified by the IO. 3.
The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 27th May, 2024. No child was born out of wedlock. 4.
Considering the above settlement between the parties and the chances 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 29/08/2024 at 12:24:05
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.238/2022, under Sections 498A/406/34 IPC, PS Mohan Garden 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.
Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 27, 2024/MK 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 29/08/2024 at 12:24:05