Avnish Sharma & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.
$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8507/2024CRL.M.A. 32448/2024 AVNISH SHARMA & ORS.
.....Petitioners Through:
Mr. Paras Verma, Mr. Sachet Sharda & Mr. Ayush Sharma, Advs.
versus STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents Through:
Mr. Hitesh Vali, APP for State Insp. Sachin PS Krishna Nagar Ms. Harpreet Kaur, Adv. for R-2 with R-2 in person
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.412/2022 under section 498A/406/34 IPC & 3/4 of Dowry Prohibition Act, 1961 registered with P.S. Krishna Nagar, Delhi on the basis of settlement arrived at between the parties dated 2nd March 2024, which is on record of this Court. 2.
Petitioner no.1, 2 and 4 as also respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. Petitioner nos. 3, 5 and 6 are not available and are exempted for today, at oral request of counsel for petitioner.
3.
As per the settlement, outstanding balance is being paid today vide DD no. 776444 drawn on Indian Overseas Bank for Rs. 2,50,000/-. The same has been handed over to respondent no.2 who has duly received it in Court. 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
Respondent no.2 states that she has no objection to quashing of the FIR. 4.
The marriage of petitioner no.1 and respondent no. 2 has since culminated in a divorce by decree dated 27th July 2024. 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.412/2022 under section 498A/406/34 IPC & 3/4 of Dowry Prohibition Act, 1961 registered with P.S. Krishna Nagar, 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/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 04/11/2024 at 11:06:40