Nitin Dhawan & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7782/2024 CRL.M.A. 29713/2024 NITIN DHAWAN & ORS.

.....Petitioners Through:

Mr. Abhishek Gupta, Adv. with petitioners in person versus THE STATE GOVT. OF NCT OF DELHI & ANR. .....Respondents Through:

Mr D S Dagar, APP for State with SI Deinesh Kumar PS Nand Nagri Mr. C P Singh, Adv. for R-2 with R2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 03.10.2024 1.

This petition has been filed seeking quashing of FIR No. 793/2016 registered at PS Nandnagri, Delhi under Sections Section 498-A/406/34 IPC on the basis of settlement arrived at between the parties dated 29th February 2024, arrived at with facilitation of Delhi Mediation Centre, Karkardooma Courts, Delhi, which is on record of this Court. 2.

As per the settlement, outstanding balance of Rs. 2 lakhs is being paid today vide DD no.093002 drawn on Punjab National Bank. The same has been handed over to respondent no.2 who has duly received it in Court. 3.

Petitioner no.1-5 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. 4.

The marriage of petitioner no.1 and respondent resulted in a divorce by decree dated 11th September, 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 07/10/2024 at 15:49:20

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. 793/2016 registered at PS Nandnagri, Delhi under Sections Section 498-A/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 applications (if any) are disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 3, 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 07/10/2024 at 15:49:20