Ajay Vats @ Ajay Kumar Sharma & ORS. v. State Govt Of NCT Delhi & ANR.
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7291/2024 & CRL.M.A. 27842/2024 AJAY VATS @ AJAY KUMAR SHARMA & ORS......Petitioners Through:
Mr. Udham Singh, Advocate with petitioner no.1 in person (petitioner nos. 2 to 4 thru VC) versus STATE GOVT OF NCT DELHI & ANR.
.....Respondent Through:
Mr. Hitesh Vali, APP for State ASI Naushad PS Bhajanpura Mr. Ravinder K Bhola, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 13.09.2024 1.
This petition has been filed seeking quashing of FIR No.548/2021 registered at PS Bhajanpura Delhi under Sections 498/406/34 IPC on the basis of settlement arrived at between the parties dated 19th January 2023 which is on record of this Court.
2.
Petitioner no.1 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Petitioner nos.2 to 4 are present through VC and is duly identified by the IO and their counsel. 3.
As per the settlement, outstanding balance of Rs.2.00,000/- is handed up to respondent n.2 in the Court today by way of DD No. 358321 drawn on SBI dated 5th September 2024 which is duly received and acknowledged by her and she states that she has no objection to quashing of the FIR. 4.
The marriage of petitioner and respondent no. 2 resulted in a divorce 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 02/07/2025 at 08:33:18
by decree dated 18th May, 2022. One daughter was born out of 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. Accordingly, the petition is allowed. Consequently, the FIR No.548/2021 registered at PS Bhajanpura Delhi under Sections 498/406/34 IPC and proceedings emanating therefrom are quashed.
6.
Parties shall abide by the terms of settlement. 7.
Accordingly, the petition is disposed of. Pending application is 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 SEPTEMBER 13, 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 02/07/2025 at 08:33:18