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High Court of DelhiW.P.(CRL)/3511/2024

Sh Girraj Singh And ORS v. The State NCT Of Delhi And ANR

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

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3511/2024 & CRL.M.A. 33645/2024 SH GIRRAJ SINGH AND ORS .....Petitioners Through:

Ms. Shweta Prajapati, Advocate along with Petitioners in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for State with SI Amit Punia, PS Palam Village.

Respondent No.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 FIR No. 275/2023 dated 2nd May, 2023 registered at Police Station Palam Village, Delhi under Sections 498A/34 IPC based on settlement arrived at between the parties before the Counselling Cell, Family Courts, Dwarka on 04th June, 2024, pursuant to which, divorce decree dated 12th September, 2024 was passed by Judge, Family Court-01, South-West, Dwarka, New Delhi. 2.

Petitioners no. 1 to 5 and respondent no.2/complainant are present in the Court and have been duly identified by the Investigating Officer. As per settlement the balance amount of Rs. 50,000/- has been received today by respondent no.2 vide demand draft bearing no. 921657 dated 10th October, 2024 drawn on Union Bank, Palam, New Delhi. It is stated by respondent 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 11:57:23

no.2 that she has received the entire settlement amount, and she has no objection in quashing the present FIR. The marriage of petitioner no.1 and respondent no.2 resulted in divorce by decree dated 12th September, 2024. No child was born out from the wedlock.

3.

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, FIR No. 275/2023 dated 2nd May, 2023 registered at Police Station Palam Village, Delhi under Sections 498A/34 IPC and proceedings emanating therefrom are quashed. 4.

Parties shall abide by the terms of settlement. 5.

Accordingly, the petition is disposed of. Pending application also stands disposed of as infructuous.

6.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 11, 2024 DU/sc 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 11:57:23