Jitender Fanaria & ORS. v. State Of Delhi & ANR.
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6728/2024 JITENDER FANARIA & ORS.
.....Petitioners Through:
Ms. Asha Barak, Mr. Shaivender Rana & Mr. Gaurav Barak, Advocates versus STATE OF DELHI & ANR.
.....Respondents Through:
Mr. Digam Singh Dagar, APP for the State & SI Kuldeep Singh PS Sun Light Colony Ms. Vasudha Bajaj, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 29.08.2024 1.
This petition has been filed seeking quashing of FIR No.27/2021 registered at PS Sun Light Colony, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 20th April 2024, which is on record of this Court.
2.
Petitioner nos.1-3 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Respondent no.2/complainant states that she has no objection to quashing of the FIR however pleads for protection of rights of her minor daughter. 3.
The marriage of petitioner no.1 and respondent no. 2 culminated in a divorce by decree dated 16th July 2024. One female child was born out of wedlock.
4.
Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use 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 12:16:43
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.27/2021 registered at PS Sun Light Colony, 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 12:16:43