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High Court of DelhiCRL.M.C./7326/2024

Shri Jaspal Singh And ORS. v. State Govt Of NCT Of Delhi And ANR.

2024-09-17Hon'Ble Mr. Justice Anish Dayal2 pages

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7326/2024 & CRL.M.A. 27965/2024 SHRI JASPAL SINGH AND ORS.

.....Petitioners Through:

Ms. O.P. Bharti, Mr. V. C. Bharti and Mr. Himanshu Prajapati, Advs.

versus STATE GOVT OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Hitesh Vali, APP for the State with WSI N. Tiamenla, PS Geeta Colony.

Mr. Manish Ladwal, Mr. Robin Ladwal, Ms. Sakshi and Ms. Shweta, Advs. for Complainant.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 17.09.2024 1.

This petition has been filed seeking quashing of FIR No.330/2021 PS Geeta Colony under Sections 498A/406/34 IPC basis settlement dated 25th May, 2024 arrived at before the Family Court, East District, Karkardooma. 2.

Petitioner Nos.1-5 and respondent No.2/complainant are present in Court and duly identified by the IO and their respective counsels. Respondent No.2 has no objection to the quashing of the FIR. 3.

The settlement is for Rs.10 Lacs to the respondent No.2 out of which Rs.2 Lacs has been paid at the time of the first motion and Rs.3 Lacs is being tendered today vide DD No.187010 drawn on IndusInd Bank at the time of the quashing. Counsels for the parties state that the second motion is 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 30/09/2024 at 11:53:54

yet to be filed at which stage Rs.5 Lacs will be provided through Demand Draft to respondent No.2. Respondent No.2 is agreeable to consent to the quashing of the FIR, subject to a condition on terms of the settlement be complied by the petitioners.

4.

In these circumstances, the FIR is being quashed basis the statement of respondent No.2 and the settlement.

5.

It is made clear that the parties are bound by the settlement and any non-compliance with the terms of the settlement, shall revive the said FIR and the proceedings emanating therefrom.

6.

The FIR is quashed subject to the above conditions. 7.

It is noted that there is a minor female child, born out of wedlock. It is made clear that the settlement shall not restrict the rights of the minor child.

8.

Further, one Amrit Pal Singh, relative of petitioner No.1, was arrayed in column 12 and is present through VC, duly identified. 9.

Respondent No.2 has no object to the quashing of the FIR qua Amrit Pal Singh as well.

10.

The FIR is quashed qua all the accused, as noted subject to the above conditions.

11.

Respondent No.2 shall be at liberty to file an application for revival of the proceedings, in case the settlement is not worked out. 12.

Petition is disposed of. Pending applications, if any, are rendered infructuous.

13.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 17, 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 30/09/2024 at 11:53:54