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High Court of DelhiCRL.M.C./8475/2024

Gaurav Singhla ORS. v. The State (Govt. Of N.C.T., Delhi)

2024-10-25Hon'Ble Mr. Justice Anish Dayal2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8475/2024 GAURAV SINGHLA ORS.

.....Petitioner Through:

versus THE STATE (GOVT. OF N.C.T., DELHI) .....Respondent Through:

Mr. Digam Singh Dagar, APP for State with SI Ranvir Singh, PS: Burari.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.10.2024 1.

This petition has been filed seeking quashing of FIR no. 417/2019 registered at PS Burari, Delhi under Sections 498-A/406/34 IPC on the basis of settlement arrived at between the parties dated 03rd February, 2024 which is on record of this Court.

2.

As per the settlement, final outstanding balance of 1.5 lacs is being paid today vide DD no. 738469 drawn on UCO Bank, dated 29.09.2024. The same has been handed over to respondent no.2 who has duly received it in Court. 3.

Petitioner no.1-3 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 culminated in a divorce by decree dated 21st November, 2022. No child was born out of 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 11:06:40

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. 417/2019 under Sections 498-A/406/34 IPC registered at PS Burari, Delhi, and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are 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 25, 2024/RK Click here to check corrigendum, if any 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 11:06:40