Manoj Kumar And Others v. State Of N.C.T. Of Delhi And Another

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8038/2024 & CRL.M.A. 30724/2024 MANOJ KUMAR AND OTHERS .....Petitioners Through:

Mr. Faiz Imam, Adv.

versus STATE OF N.C.T. OF DELHI AND ANOTHER .....Respondents Through:

Mr. Sahilenda Singh & Mr. Bijenda Singh Advocates for R-2 Md. Aamir Ansari, Sheikh A. Ali, Advocates for R-2 Poonam

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.10.2024 1.

This petition has been filed seeking quashing of FIR No.529/2016 PS Okhla Industrial Area under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 16th January 2023, which is on record of this Court.

2.

As per the settlement, outstanding balance of Rs.2 lakhs is handed over to respondent no.2 in the Court today vide an FDR drawn on SBI in favour one minor child. The same has been handed over to respondent no.2 who has duly received it in Court.

3.

Petitioner nos.1 to 4 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. 4.

The marriage of petitioner no.1 and respondent no. 2 has since resulted in divorce by decree dated 16th November 2023. One male child was born out of wedlock.

5.

Considering the above settlement between the parties and the chances 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 02/07/2025 at 09:20:29

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.529/2016 PS Okhla Industrial Area under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending application is 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 OCTOBER 9, 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 02/07/2025 at 09:20:29