Jitender & ORS. v. State Govt.Of NCT Of Delhi And ANR.
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7840/2024 JITENDER & ORS.
.....Petitioners Through:
Mr. Shashank Kumar, Advocate with petitioners in person versus STATE GOVT.OF NCT OF DELHI AND ANR. .....Respondents Through:
Mr. Hemant Mehla, APP for State with SI Rashi & SI Vikas Rathi, PS Burari.
Mr. Anant Sharma, Adv. for R-2.
with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 04.11.2024 1.
This petition has been filed seeking quashing of FIR No.177/2016 under Sections 498-A/406/34 IPC PS Burari on the basis of settlement arrived at between the parties dated 3rd August 2016 arrived at with facilitation of Mediation Centre, Tis Hazari Courts, Delhi, which is on record of this Court.
2.
Petitioner no.1-3 and respondent no.2 are present in Court and are duly identified by IO and the respective counsels. 3.
As per the settlement, outstanding balance of Rs.50,000/- has been handed over to respondent no.2 who has duly received it in Court and acknowledges the same. She confirms having previously received Rs.1.5 lakhs and states that she has no objection to 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 06/11/2024 at 12:02:26
4.
The marriage of petitioner no.1 and respondent no.2 resulted in a divorce by decree in 2017 and one male 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, FIR No.177/2016 under Sections 498-A/406/34 IPC PS Burari Delhi 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.
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 NOVEMBER 4, 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 06/11/2024 at 12:02:26