Umesh Kumar & ORS. v. State Of NCT Of Delhi And ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7610/2024 CRL.M.A. 29063/2024 UMESH KUMAR & ORS.

.....Petitioners Through:

Mr. Harsh Kumar Sachdeva and Ms.

Vanya, Advs.

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

Mr. Digam Singh Dagar, APP for the State with SI Dinesh Kumar, PS Nand Nagri.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 04.10.2024 1.

This petition has been filed seeking quashing of FIR No. 420/2020 PS Nand Nagri under Sections 406/498-A/34 IPC basis settlement dated 31st October, 2023 arrived at with the facilitation of the Counselling Cell, Family Court, Karkardooma, which is on record of this Court. 2.

Petitioner No.1 and respondent No.2 are present in Court and duly identified by the IO.

3.

Petitioner Nos.2-5 are present through VC and duly identified by the IO, as well.

4.

As per the settlement, the outstanding balance of Rs.50,000/- is being tendered to respondent No.2 vide DD No.269398 drawn on Punjab National Bank, which has been received by her in Court. 5.

Respondent No.2 has no objection to the quashing of the FIR. 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 07/10/2024 at 15:49:53

6.

The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce by decree dated 12th July, 2024. Two children were born out of wedlock.

7.

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. 420/2020 PS Nand Nagri under Sections 406/498-A/34 IPC and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

10.

It is however made clear that the said settlement will not affect the rights of the minor children in future.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 4, 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 07/10/2024 at 15:49:53