Ankit Gupta And ORS v. State Of NCT Of Delhi And ANR.
$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6959/2024 ANKIT GUPTA AND ORS .....Petitioners Through:
Mr. Shashank Goswami, Mr. Prateek Goswami & Mr. Sahil Giri, Advocates with petitioners in person versus STATE OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Digam Singh Dagar, APP for the State & Insp. Amit Dutt Sharma & SI Ravender Singh SP Kotla Mubarakpur Mr. Vikas Aggarwal, Advocate for complainant with complainant
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 04.09.2024 CRL.M.A.-26575/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 6959/2024 1.
This petition has been filed seeking quashing of FIR No.235/2019 registered at PS Kotla Mubarakpur, Delhi under Sections 498/406/34/354 IPC on the basis of settlement arrived at between the parties dated 17th February 2024, arrived at between the parties with the facilitation of Mediaion Centre, Saket Courts, Delhi, which is on record of this Court. 2.
As per the settlement, outstanding balance of Rs. 1 crore is being paid 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 11/09/2024 at 12:35:00
today to respondent no.2 vide DD no. 266484 drawn on Punjab National Bank for Rs. 1 crore. The same has been handed over to respondent no.2 who has duly received it in Court and states that she has no objection to quashing of the FIR.
3.
Petitioner no.1-4 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 resulted in a divorce by decree dated June 2024. One male child was born out of wedlock who is now 7 years old.
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.235/2019 registered at PS Kotla Mubarakpur, Delhi under Sections 498/406/34/354 IPC and proceedings emanating therefrom are quashed. It is however made clear that the said settlement will not affect the rights of the minor child in future 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 SEPTEMBER 4, 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 11/09/2024 at 12:35:00