Prakash Singh v. The State (NCT Of Delhi) And ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7843/2024 CRL.M.A. 29927/2024 CRL.M.A. 29928/2024 PRAKASH SINGH .....Petitioner Through:

Mr. Vishal Chhabra, Mr. Lakshya Marwaha, Mr. Aman Malik and Farhen, Advs.

versus THE STATE (NCT OF DELHI) AND ANR ......Respondent Through:

Mr. Sanjeev Sabharwal, APP for the State with SI Parmita, PS V.K. South.

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. 562/2018 PS Vasant Kunj South under Sections 498A/406/494/34 IPC basis a settlement arrived at between parties with the facilitation of Family Court, Patial House dated 24th November, 2023, which is on record of this Court. 2.

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

3.

As per the settlement, a final outstanding balance of Rs.15 Lacs is being tendered vide DD Nos.000168 & 000169 drawn on HDFC Bank handed over to respondent No.2 in Court.

4.

The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce by decree dated 28th August, 2024. Two children, who are minor, were 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 15:49:56

5.

Respondent No.2 states that she has no objection to the quashing of the FIR.

6.

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. 562/2018 PS Vasant Kunj South under Sections 498A/406/494/34 IPC and proceedings emanating therefrom are quashed.

7.

Parties shall abide by the terms of settlement. 8.

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

9.

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

10.

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 15:49:56