Prabhul Kumar And ANR. v. State Govt. Of NCT Of Delhi And ANR.
$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3449/2024 & CRL.M.A. 33160/2024 PRABHUL KUMAR AND ANR.
.....Petitioners Through:
Ms. Kiran Dharam, Advocate for petitioners along with petitioners in person.
versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel (CRL.) with Mr. Abhinav Kumar Arya, Ms.
Priyam Aggarwal, Advocates and SI Loveleen, PS: Moti Nagar.
Mr. Manoj V George, Ms. Shilpa Liza George, Ms. Devika and Ms. Chaahat Khanna, Advocates for Complainant/Respondent No.2 along with complainant in person.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 06.11.2024 1.
This petition has been filed seeking quashing of FIR No.567/2020, registered at P.S. Moti Nagar, under Sections 498A/406/34 IPC on the basis of a settlement arrived at between the parties dated 11th April, 2023 before Counselling Cell, Family Courts, West District, Tis Hazari, which is on record of this Court.
2.
Petitioners No.1 & 2 and respondent No.2 (complainant) are present 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 11:34:36
before this Court and are duly identified by IO and the respective counsels. 3.
Respondent No.2 states that she has received the full settlement amount of Rs.28 Lacs noted in the settlement. 4.
The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 10th April, 2024; one male child 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.567/2020, registered at P.S. Moti Nagar, Delhi, under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.
6.
Both parties shall be bound by the settlement. 7.
Accordingly, the petition is disposed of. Pending application also stands 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 6, 2024 DU/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 11:34:36