Prashant Saxena & ORS. v. State (N.C.T. Of Delhi) Through S.H.O. P.S. Binda Pur & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7085/2024 CRL.M.A. 27043/2024 PRASHANT SAXENA & ORS.

.....Petitioners Through:

Mr. Puneet Srivastava, Adv.

versus STATE (N.C.T. OF DELHI) THROUGH S.H.O. P.S. BINDA PUR & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Krishna, PS Bindapur.

Mr. Piyush Chhabra and Mr. Karran Oberoi, Advs. for Complainant.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 12.09.2024 1.

This petition has been filed seeking quashing of FIR No.418/2016, PS Binda Pur under Sections 498A/406/34 IPC basis settlement dated 07th May, 2024 arrived at between the parties, which is on record of this Court. 2.

As per the settlement, an amount of Rs.10 Lacs has been paid in installments, as indicated in the settlement. The receipt of which respondent No.2 acknowledges. The final draft of Rs.3,33,334/- has been handed over to the counsel for respondent No.2, who acknowledges the same, who is present in Court. Respondent No.2 has no objection to the quashing of the FIR.

3.

Petitioner Nos.1-3 and respondent No.2/complainant are present through VC and duly identified by the IO.

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 02/07/2025 at 09:28:40

4.

The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce by decree dated 18th July, 2024. No child was 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.418/2016, PS Binda Pur under Sections 498A/406/34 IPC 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 SEPTEMBER 12, 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 02/07/2025 at 09:28:40