Mukesh Yadav And ORS. v. State Govt. Of NCT Of Delhi And ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7876/2024 MUKESH YADAV AND ORS.
.....Petitioners Through:
Mr. Rana Kunal, Ms. Shivani Mehta, Mr. Manoj Kumar Rana, Advs. with petitioners in person versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with Ms. Sanya Narula, Adv.
WSI Sangam Yadav PS Mayur Vihar Mr. Sanjeev Malik, Mr. Anubhav Mehrotra, Mr. Vipin Kumar, Mr.
Madan Gopal Tiwari & Mr. Mahipal Singh Dogra, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 12.11.2024 1.
This petition has been filed seeking quashing of FIR No.445/2023 PS Mayur Vihar under Section 498A/406/34 IPC, on the basis MOU dated 21st August 2024, which is on record of this Court. It is noted that subsequently Section 354 IPC was also added in the charge-sheet. 2.
Petitioner nos.1-6 are present in Court while and respondent no. 2/complainant is present through VC, all of them are duly identified by IO and the respective counsels. Respondent no.2 states that all aspects of MOU have been complied with and 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 14/11/2024 at 11:49:08
3.
The marriage of petitioner no.1 and respondent no. 2 resulted in a divorce by decree dated 3rd September 2024; no child was born out of wedlock.
4.
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.4452023 PS Mayur Vihar under Section 498A/406/354/34 IPC, and proceedings emanating therefrom are quashed.
5.
Parties shall abide by the terms of settlement. 6.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
7.
Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 12, 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 14/11/2024 at 11:49:08