Rajan Jindal & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7139/2024 CRL.M.A. 27236/2024 CRL.M.A. 27237/2024 RAJAN JINDAL & ORS.
.....Petitioners Through:
Mr Shivendra Singh, Ms Prakriti Rastogi, and Mr Bikram Dwivedi, Advocates with petitioners in person versus STATE (GOVT. OF NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for State SI Vijay Pal Singh CWC Nanakpura Ms. Trischa Gupta, Adv. for R-2 with R-2 in person (thru VC)
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 05.11.2024 1.
This petition has been filed seeking quashing of FIR No.5/2021 registered at PS CAW Cell, Nanakpura, Delhi under Sections 498A/406/34 IPC based on settlement arrived at between the parties dated 27th March 2024, which is on record of this Court.
2.
Petitioner no.1-4 and respondent no.2 are all present through VC, and are duly identified by their respective counsels. 3.
Respondent no.2 states that she has no objection to quashing of the FIR, since all aspects of settlement have been complied with. 4.
APP for the State however objects to quashing of the FIR, as some of the terms of settlement relate to two minor children born out of this 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 11/11/2024 at 11:24:05
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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.5/2021 registered at PS CAW Cell, Nanakpura, Delhi 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 are disposed of as infructuous.
8.
It is however made clear that the said settlement will not affect the rights of the minor child in future.
9.
Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 5, 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 11/11/2024 at 11:24:05