Vaibhav Sharma & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8356/2024 CRL.M.A. 31916/2024 VAIBHAV SHARMA & ORS.

.....Petitioners Through:

Mr. Narendra Kalra & Mr. Aditya Oberoi, Advs. with petitioners in person versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Digam Singh Dagar, APP for State SI Sumeet Poonia PS Vivek Vihar with R-2/complainant

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 26.11.2024 1.

This petition has been filed seeking quashing of FIR No.0247/2020 registered at P.S Vivek Vihar, Delhi under Sections 498A/406/354/34 IPC on the basis of settlement arrived at between the parties arrived at with the facilitation of Delhi Mediation Centre, Karkardooma Courts, Delhi dated 27th March 2023, which is on record of this Court. 2.

Petitioner Nos.1, 2, 5 and 6, as well as respondent no.2/complainant are present in Court and have been duly identified by IO and their counsel. Presence of petitioner nos.3 and 4 is exempted for today on oral request made by counsel for petitioners.

3.

As per the settlement, final outstanding balance of Rs. 4 lakhs is being paid today vide DD no.501731 drawn no ICICI Bank. The same has 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 29/11/2024 at 12:48:19

been handed over to respondent no.2 who has duly received it in Court and states that she has no objection to quashing of the FIR. 4.

Marriage of petitioner no.1 and respondent no.2 resulted in a divorce by decree dated 17th August 2023. One daughter was born out of wedlock. 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.247/2020 registered at PS Vivek Vihar, Delhi under Sections 498A/406/354/34 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 NOVEMBER 26, 2024/sm/tk 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 29/11/2024 at 12:48:19