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High Court of DelhiCRL.M.C./8807/2024

Pankaj Kumar Gain & ORS. v. The State Of NCT Of Delhi & ANR.

2024-11-11Hon'Ble Mr. Justice Anish Dayal2 pages

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8807/2024 PANKAJ KUMAR GAIN & ORS.

.....Petitioners Through:

Mr. Sahil Vij, Ms. Neetika Rajoria, Advs. with petitioners in person versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State with Mr. Sunpreet Singh Bawa, Adv.

R-2/complainant in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 11.11.2024 1.

This petition has been filed seeking quashing of the FIR No.279/2022 Police Station Dabri, under sections 323/341/354 IPC basis settlement between the parties dated 4th July 2022, with the facilitation of the Delhi Mediation Centre, Dwarka Courts, which is on record of this Court. 2.

Petitioner nos.1 and 2 and respondent no. 2 (complainant), are present in Court, while petitioner no.3 is present through VC, all of them are duly identified by IO. Petitioner no.1 and respondent no. 2 (complainant) state that as per settlement, they have amicably settled their marital discord and are staying together as a married couple in peace and harmony. Respondent no.2 states that she has no objection to quashing of the FIR and her affidavit to this effect, is also on record. 3.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use 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 14/11/2024 at 11:48:14

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.279/2022 Police Station Dabri, under sections 323/341/354 IPC and proceedings emanating therefrom are quashed.

4.

Parties shall abide by the terms of settlement. 5.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

6.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 11, 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 14/11/2024 at 11:48:14