Abhishek Kumar And ORS v. State Govt.Of NCT Of Delhi And ANR.
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8655/2024 ABHISHEK KUMAR AND ORS .....Petitioners Through:
Mr. Manav Vasudeva, Ms. Tanishka, Mr. Rudraksh Arora, Advs. with petitioners in person versus STATE GOVT.OF NCT OF DELHI AND ANR. .....Respondents Through:
Mr. Digam Singh Dagar, APP for State Mr. Amit Madoon, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 05.11.2024 1.
This petition has been filed seeking quashing of FIR No.410/2022 registered at PS Ranjit Nagar, Delhi, under Sections 498A/406/34 IPC based on the settlement arrived at between the parties dated 15th February 2024 with the facilitation of the Delhi Mediation Centre, Tis Hazari Courts, which is on record of this Court.
2.
Petitioner no.1-5 and respondent no. 2 (complainant) are present in Court and 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 4th October 2024. One male child was born out of wedlock.
4.
As per the settlement, outstanding balance of Rs.3 lakhs is being paid today. The same has been handed over to respondent no.2, who has duly received it in Court. She states that she has no objection to quashing of the 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 11/11/2024 at 11:25:14
FIR.
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.410/2022 registered at PS Ranjit Nagai, Delhi, under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.
6.
It is, however, made clear that the said settlement will not affect the rights of the minor child in future.
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 NOVEMBER 5, 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 11/11/2024 at 11:25:14