Sanjeev Kumar Sharma & ORS. v. State Of NCT Of Delhi & ANR.

$~75 & 76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7935/2024 CRL.M.A. 30288/2024 SANJEEV KUMAR SHARMA & ORS.

.....Petitioner Through:

Mr. S N Gupta and Mr. Vinod Bhardwaj, Advs.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for the State with SI Akash Kumar, PS Bhajanpura.

+ CRL.M.C. 7938/2024 CRL.M.A. 30299/2024 SANJEEV KUMAR SHARMA & ORS.

.....Petitioner Through:

Mr. S N Gupta and Mr. Vinod Bhardwaj, Advs.

versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for the State with SI Akash Kumar, PS Bhajanpura.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 15.10.2024 1.

These petitions have been filed seeking quashing of FIR Nos. 265/2019 & 373/2020 PS Bhajanpura under Sections 354/354B/506/323/376/34 IPC & Sections 406/498A/34 IPC, respectively. The quashing is sought on the basis of settlement dated 09th January, 2024 arrived at with the facilitation of Delhi Mediation Centre, Karkardooma Courts, which is on record of this Court.

2.

Petitioner Nos.1-6 and respondent No.2/complainant are present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

before this Court and duly identified by the IO. 3.

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

4.

As per the settlement, the final outstanding balance of Rs.1,50,000/- is being tendered vide DD No.003646 drawn on The Kangra Co-operative Bank Ltd., which has been received by respondent No.2 in Court. The other amounts, as per the settlement, have already been received, as stated by respondent No.2.

5.

The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 02nd July, 2024. No child was born out of wedlock. 6.

The APP for the State has an objection to the quashing of FIR No.265/2019 PS Bhajanpura on the basis that it involved allegations under Section 376 IPC and charges have been framed. 7.

However, considering the above facts and circumstances, it would be in the interest of justice to quash the said FIRs since the respondent No.2 has no objection for the same and it arose in a matrimonial dispute. 8.

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 FIRs as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petitions are allowed. Consequently, the FIR Nos. 265/2019 & 373/2020 PS Bhajanpura under Sections 354/354B/506/323/376/34 IPC & Sections 406/498A/34 IPC, respectively and proceedings emanating therefrom are quashed. 9.

Parties shall abide by the terms of settlement. 10.

Accordingly, the petitions are disposed of. Pending applications (if The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any) are disposed of as infructuous.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 15, 2024/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.