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High Court of DelhiCRL.M.C./7106/2024

Mohd Yaseen & ORS. v. State NCT Of Govt Of Delhi & ANR.

2024-09-27Hon'Ble Mr. Justice Anish Dayal2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7106/2024 CRL.M.A. 27095/2024 MOHD YASEEN & ORS.

.....Petitioners Through:

Mr. Md. Furqan and Mr. Mukesh Kumar Sharma, Advs.

versus STATE NCT OF GOVT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for State with SI Brijmohan, PS: Hauz Qazi.

Mr. Shahid Ahmed and Ms. Shabnam, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 27.09.2024 1.

This petition has been filed seeking quashing of FIR no. 339/2023 registered at PS Hauz Qazi. Delhi, under Sections 498A/406/506/34 IPC based on settlement arrived at between the parties dated 07th July, 2024 with the facilitation of the Delhi Mediation Centre, Tis Hazari Courts, which is on record of this Court.

2.

The amounts stated in the said settlement have already received by respondent no.2, who is present in Court and confirms the same. 3.

The marriage of petitioner no.1 and respondent no.2 has since culminated in a divorce by a decree dated 24th August, 2024. 4.

Petitioner nos.1-4 and respondent no. 2 are present in Court and are 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 03/10/2024 at 12:24:44

duly identified by IO and the respective counsel. 5.

Respondent no.2 states that she has no objection to the quashing of the FIR. 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. 339/2023 under Sections 498A/406/506/34 IPC registered at PS Hauz Qazi. Delhi, 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 SEPTEMBER 27, 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 03/10/2024 at 12:24:44