Dharmender Singh Negi & ANR. v. State NCT Of Delhi And ANR
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7192/2024 & CRL.M.A. 27473/2024 DHARMENDER SINGH NEGI & ANR.
.....Petitioners Through:
Mr. Mrinal Kumar Sharma, Mr.
Sharique Hussain, Mr. Veerbhadra Singh and Ms. Mirza Hasan Beg, Advs.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for the State with SI Radha Sharma, PS CWC/Nanak Pura.
Mr. Dishant Kaushik and Mr. Arun Yadav, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 11.09.2024 1.
This petition has been filed seeking quashing of FIR No.33/2018 under Sections 498A/406/34 IPC PS Crime (Women) Cell, Nanakpura basis settlement dated 17th February, 2024 which is on record of this Court. 2.
As per the settlement, the outstanding balance of Rs.2,60,000/- is being tendered vide DD No.041019 drawn on Axis Bank Ltd. to respondent No.2, who receives it in Court. Petitioner Nos.1 & 2 and respondent No.2 are present before this Court and duly identified by the IO and their respective counsels.
3.
The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 09th April, 2024. No child was born out of wedlock. 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 12:17:56
4.
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.33/2018 under Sections 498A/406/34 IPC PS Crime (Women) Cell, Nanakpura and proceedings emanating therefrom are quashed.
5.
Parties shall abide by the terms of settlement. 6.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
7.
Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 11, 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 13/09/2024 at 12:17:56