Onkar Kartikey Khurana & ORS. v. The State Of NCT Of Delhi & ANR.

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3588/2024 ONKAR KARTIKEY KHURANA & ORS.

.....Petitioners Through:

Mr. N.K. Sharma, Advocate along with petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Abhinav Kr. Arya and Ms.

Priyam Aggarwal, Advocates for Mr.

Sanjay Lao, Standing Counsel (Crl.) for State and SI Preet Ahlawat, PS South Rohini.

Mr. Gurdeep Singh, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 18.11.2024 CRL.M.A. 34375/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 3588/2024 1.

This petition has been filed seeking quashing of FIR No. 184/2023 registered at P.S. South Rohini under Sections 498A/406/34 IPC, on the basis of settlement arrived at, as part of the joint statement recorded by the Family Court on 26th July, 2024.

2.

Petitioner Nos.1-3 and respondent No.2/complainant are present in the Court and have been duly identified by IO and their respective counsels. 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 21/11/2024 at 12:32:31

3.

Petitioner No.1 has tendered a demand draft bearing No.811184 drawn on by State Bank of India, Sector-1/2 Rohini Branch of Rs.1,50,000/- as the final outstanding balance in terms of the settlement. Respondent No.2 has received the same in Court and states that she has no objection to quashing of the present FIR.

4.

The marriage of petitioner No.1 and respondent No.2 has culminated into divorce by decree dated 26th July, 2024. No child was born out of the 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. 184/2023 registered at P.S. South Rohini under Sections 498A/406/34 IPC 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 18, 2024 DU 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 21/11/2024 at 12:32:31