Mohd Shafeeque & ORS. v. State NCT Of Delhi And ANR

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8452/2024 CRL.M.A. 32257/2024 CRL.M.A. 32258/2024 MOHD SHAFEEQUE & ORS.

.....Petitioner Through:

Mr. Md. Shamikh and Mr. Absar Ahmad, Advs.

versus STATE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Digam Singh Dagar, APP for the State with SI Shivam Bisht, PS Khajuri Khas.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.10.2024 1.

This petition has been filed seeking quashing of FIR No.1212/2015 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, PS. Khajuri Khas, Delhi basis settlement dated 04th October, 2024 arrived at with the facilitation of Delhi Mediation Centre, Karkardooma Courts, Delhi. 2.

Petitioner Nos.1-6 and respondent No.2/complainant are present in Court and duly identified by the IO.

3.

As per the settlement, the final outstanding balance of amount of Rs.4,30,000/- is being tendered vide DD No. 005325 drawn on State Bank of India and duly accepted by respondent No.2 in the Court. 4.

Respondent No.2 has no objection to the quashing of the said FIR. 5.

The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce in 2016, and no child was born out of the wedlock. 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 04/11/2024 at 11:06:52

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, the FIR No.1212/2015 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, PS. Khajuri Khas, 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.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 28, 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 04/11/2024 at 11:06:52