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High Court of DelhiCRL.M.C./8181/2024

Lakhan Singh v. The State Of Gnctd & ANR.

2024-10-18Hon'Ble Mr. Justice Anish Dayal2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8181/2024 CRL.M.A. 31280/2024 LAKHAN SINGH .....Petitioner Through:

Mr. Rishabh Pandey and Rahul Pal, Advs.

versus THE STATE OF GNCTD & ANR.

.....Respondent Through:

Mr. Digam Singh Dagar, APP for the State.

Mr. Himanshu Kaushik and Ms.

Deepika Vashistha, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 18.10.2024 1.

This petition has been filed seeking quashing of FIR No. 198/2011 under Sections 498- A/406/34 IPC, P.S. Swaroop Nagar, Delhi basis a settlement arrived at with the facilitation of Delhi Mediation Centre, Rohini District Courts on 17th March, 2016, which is on record of this Court. 2.

Petitioner and respondent No.2/complainant are present before this Court and duly identified by the IO.

3.

As per the settlement, the final outstanding balance of Rs.90,000/- in form of two demand drafts of Rs.45,000/- each in the name of the complainant and the daughter, which is being tendered vide DD Nos.107018 & 107017 drawn on Central Bank of India, is received by respondent No.2 in Court.

4.

Respondent No.2 has no objection to the 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 02/07/2025 at 11:35:40

5.

The marriage of petitioner and respondent No.2 has resulted in a divorce by decree dated 21st October, 2016. One female child was born out of wedlock.

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, FIR No. 198/2011 under Sections 498- A/406/34 IPC, P.S. Swaroop Nagar, Delhi 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 child in future.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 18, 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 02/07/2025 at 11:35:40