Sanjeev Guha And ORS v. State Govt Of NCT Of Delhi And ANR

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7184/2024 & CRL.M.A. 27422/2024 SANJEEV GUHA AND ORS .....Petitioners Through:

Mr. Bishnu Priya Mishra, Advocate with petitioners in person versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for State & WSI Jyoti PS Kanjhawala Mr. D. Pattnaik, Adv. for R-2 with R2 in person m

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 10.09.2024 1.

This petition seeks quashing of FIR No.179/2013 under Section 498A/406/34 IPC with P.S. Kanjhawala basis settlement dated 5th February 2024, which is on record of this Court.

2.

Petitioner nos. 1 to 4 and respondent no.2 complainant are present in the Court and are duly identified by the IO and the counsel. 3.

Respondent no.2 states that settlement amounts have been received by her and now nothing is due and outstanding.

4.

Marriage of petitioner no.1 and respondent no.2 resulted in divorce dated 3rd June 2024. One male child was born out of this 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. 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 12:17:48

Accordingly, the petition is allowed. Consequently, the FIR No.179/2013 under Section 498A/406/34 IPC with P.S. Kanjhawala 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 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 12:17:48