Bijender Shokken And ORS v. State NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6691/2024 BIJENDER SHOKKEN AND ORS .....Petitioners Through:

Mr. Amit Saini, Mr. Vikas Sharma, Advocates along with petitioner in person.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for State with SI Manoj Kumar, PS: Nihal Vihar.

Mr. Vijay Kasana and Mr. Jai Dev Solanki, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.08.2024 CRL.M.A. 25545/2024(Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stand disposed of.

CRL.M.C. 6691/2024 1.

This petition has been filed seeking quashing of FIR no. 325/2013 registered at PS Nihal Vihar, Delhi under Sections 498-A/406/34 IPC on the basis of settlement arrived at between the partis dated 23rd March, 2024 which is on record of this Court.

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 12:18:02

2.

As per the settlement, an outstanding balance of Rs. 5 lacs is being tendered today vide DD no. 803563 drawn on Yes Bank dated 08th August, 2024. The same has been handed over to respondent no.2 who has duly received it in Court.

3.

Petitioner nos.1-7 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. 4.

Respondent no. 2 has no objection to the quashing of the FIR. 5.

The marriage of petitioner no.1 and respondent no. 2 has culminated in a divorce by decree dated 15th December, 2023. One male child was born out of wedlock.

6.

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. 325/2013 under Sections 498-A/406/34 IPC registered at PS Nihal Vihar, Delhi and proceedings emanating therefrom are quashed.

7.

Parties shall abide by the terms of settlement. 8.

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

9.

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

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 28, 2024/RK Click here to check corrigendum, if any 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 12:18:02