Sh. Pratap Chand Rathor, & ORS. v. The State NCT Of Delhi & ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7322/2024, CRL.M.A. 27922/2024 CRL.M.A. 27923/2024.

SH. PRATAP CHAND RATHOR & ORS.

.....Petitioners Through:

Mr. Ajay Bharti & Mr. Himanshu Verma, Advs versus THE STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. D S Dagar APP for State SI Braham P., PS Sultan Puri Mr. Rishipal, 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.962/2018 registered at PS Sultanpuri Delhi under Sections 498/406/34 IPC on the basis of settlement arrived at between the parties with facilitation of Mediation Cell, Rohini Courts, dated 8th January 2020 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 and 3 are senior citizens and are exempted from personal appearance; petitioner no.4 is present through VC and is duly identified by the IO and their counsel. 3.

As per the settlement, outstanding balance of Rs.50,000/- is handed up to respondent n.2 in the Court today by way of DD No. 537353 drawn on SBI dated 20th August 2024 which is duly received and acknowledged by 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 08:46:44

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 by decree dated 6th May, 2020. No child 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.962/2018 registered at PS Sultanpuri 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.

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 08:46:44