Shri Chandan ANR v. The State ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7148/2024 & CRL.M.A. 27295/2024 SHRI CHANDAN ANR .....Petitioners Through:

Mr. Arun Gaur & Mr. Puneet Tomar, Advocates with portioners in person versus THE STATE ANR .....Respondents Through:

Mr. Hitesh Vali, APP for State SI Gajlal PS Krishna Nagar Mr. Balwant Kumar, Ms. Poonam Sharma, & Mr. Veeresh Sharma, Advocates for R-2/complainant with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 10.09.2024 1.

This petition seeks quashing of FIR No. 501/2014 under Sections 376/328/34 IPC P.S. Krishna Nagar on the basis of settlement arrived at between the parties on 31st August 2024 which is on record of this Court. 2.

The statement in settlement is that parties were in relationship and since family members of one of the parties were against their marriage, due to family disputes, the said FIR was registered. Finally, petitioner no.1 and respondent no.2 got married on 8th May 2027 and a female child was born out of this wedlock on 10th August 2019. Marriage certificate from Arya Samaj Mandir along with photographs of marriage as also the birth certificate of the daughter is on record.

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 13/09/2024 at 12:18:12

3.

Petitioner nos. 1 and 2 and respondent no.2 are present in the Court, duly identified by the counsel and the IO.

4.

Respondent no.2 confirms factum of her marriage with petitioner no.1 seven years back and states that she is living happily with her husband, petitioner no.1 and has no objection to quashing of the FIR. 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. 501/2014 under Sections 376/328/34 IPC P.S. Krishna Nagar and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 10, 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 13/09/2024 at 12:18:12