Kashish Chawla & ANR. v. The State (NCT) Of Delhi & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7950/2024 & CRL.M.A. 30341/2024 KASHISH CHAWLA & ANR.

.....Petitioners Through:

Ms. Garima Gupta, Ms. Chaitali & Mr. Deepak Sharma, Advs.

versus THE STATE (NCT) OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for State with SI Sunder PS Nangloi Mr. Chirag, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.10.2024 1.

This petition is filed seeking quashing of FIR No.195/2023 under Sections 498/A/406/34 IPC at PS Nangloi on ground of settlement arrived at between the parties dated 29th June 2024, which is on record of this Court. 2.

Petitioner nos.1 and 2 and respondent no.2, complainant are present in the Court and duly identified by the IO and their respective counsels. 3.

Marriage of petitioner no.1 and respondent no.2 has since culminated into divorce by decree dated 20th August 2024; no child was born out of this wedlock.

4.

As per the settlement, an amount Rs. 1 lakh is to be paid at the stage of quashing of the afore noted FIR. Another amount of Rs.1 lakh is to be paid at the stage of quashing of another FIR No.188/2023 for which quashing petition has already been filed.

5.

The said sum of Rs.1 lakh is being handed over to respondent no.2 in the Court today by way of a Demand Draft No.644427 drawn on Kotak 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 14/10/2024 at 10:29:46

Mahindra Bank dated 31st October 2024, who accepts and acknowledges the same. She states that she has no objection to quashing of the FIR No. 195/2023.

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. 7.

Accordingly, the petitions are allowed and FIR No.195/2023 under Sections 498/A/406/34 IPC at PS Nangloi and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition stands disposed of. Pending applications, if any, are disposed of as infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 8, 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 14/10/2024 at 10:29:46