Radha Mohan Chauhan & ORS. v. State (NCT Of Delhi) & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8800/2024 RADHA MOHAN CHAUHAN & ORS.

.....Petitioner Through:

Ms. Priyanka Singh, Advocate.

versus STATE (NCT OF DELHI) & ANR.

.....Respondent Through:

Mr. Satinder Singh Bawa, APP for State.

Mr. Sunil Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 27.11.2024 CRL.M.A. 33656/2024 (Exemption) 1.

Allowed subject to all just exceptions.

2.

Application is accordingly disposed of.

CRL.M.C. 8800/2024 1.

This petition has been filed seeking quashing of FIR no. 187/2023 registered at P.S Sonia Vihar, Delhi, under Sections 498-A/406/377/34 of IPC and Section 4 of Dowry Prohibition Act on the basis of settlement arrived at between the parties dated 09th February, 2024 with the facilitation of Counselling Cell, Karkardooma Courts which is on record of this Court. 2.

As per the settlement, a balance amount of Rs. 3 lacs is being paid today vide DD no. 954377 drawn on Canara Bank dated 11th November,2024. 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 29/11/2024 at 12:48:55

3.

Petitioner nos.1-5 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. 4.

Marriage of petitioner no.1 and respondent no. 2 culminated in a divorce by decree dated 02nd September, 2024. No 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. 187/2023 under Sections 498-A/406/377/34 of Indian Penal Code and 4 of Dowry Prohibition Act registered at PS Sonia Vihar, 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.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 27, 2024/RK/tk 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 29/11/2024 at 12:48:55