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High Court of DelhiCRL.M.C./8295/2024

Amit Babbar & ORS. v. State NCT Of Delhi And ORS

2024-10-21Hon'Ble Mr. Justice Anish Dayal2 pages

$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8295/2024 & CRL.M.A. 31703/2024 AMIT BABBAR & ORS.

.....Petitioners Through:

Mr. Gagan Kumar Singhal & Mr. Prashant Chaudhary with petitioners in person versus STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State Mr. Tarun Verma, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 21.10.2024 1.

This petition has been filed seeking quashing of FIR No.305/2021 under Sections 498A/377/406/509/34 IPC P.S. South Rohini on the basis of settlement arrived at between the parties dated 6th April 2024, which is on record of this Court.

2.

Petitioner no.1 is present in court while petitioner no.2 to 4 and respondent no. 2 are present through VC; all of them are duly identified by IO and the respective counsels.

3.

The marriage of petitioner no.1 and respondent no.2 resulted in a divorce by decree dated 7th June 2024. One male child was born out of wedlock.

4.

All aspects of settlement have been complied with by the parties. Respondent no.2 confirms the said aspect and states that 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 02/07/2025 at 08:58:44

5.

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. 305/2021 under Sections 498A/377/406/509/34 IPC P.S. South Rohini Delhi 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 21, 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 08:58:44