Rajiv Kumar And ORS v. The State Of NCT Delhi And ANR
$~65 & 66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9336/2024CRL.M.A. 35816/2024 RAJIV KUMAR AND ORS .....Petitioners Through:
Mr. Nitin Bansal and Mr Prashant Chakravarty, Advocates.
versus THE STATE OF NCT DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for State.
Mr. Ankur Goyal & Mr. Parveen Kumar, Advocates for respondent.
+ CRL.M.C. 9337/2024 CRL.M.A. 35817/2024 SUBHASH AND ORS .....Petitioners Through:
Mr. Nitin Bansal and Mr Prashant Chakravarty, Advocates.
versus THE STATE OF NCT DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for State with SI.
Mr. Ankur Goyal & Mr. Parveen Kumar, Advocates for respondent.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 29.11.2024 1.
These petitions have been filed seeking quashing of FIR No. 243/2024 registered at PS Narela Delhi under Sections 498/406/34 IPC and FIR No. 672/2022 under Sections 323/324/341/506/34 IPC registered at PS Sultan Puri on the basis of a compromise deed between the parties dated 31st July, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2024, which is on record of this Court.
2.
As per the settlement, the outstanding balance of 4,50,000/- is being paid today vide DD no. 440071 drawn on Bank of Baroda dated 25th November, 2024. The same has been handed over to respondent no.2 who has duly received it in Court. She states that she has no objection to the quashing of the FIR.
3.
Petitioner nos.1-6 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Three other injured victims Sonu, Naveen and Ashwani are also present through VC, who also state, that they have no objection to the quashing of FIR. 4.
The marriage of petitioner no.1 and respondent no.2 resulted in a divorce by decree dated 22nd October, 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. 243/2024 under Sections 498/406/34 IPC registered at PS Narela, Delhi and FIR No. 672/2022 under Sections 323/324/341/506/34 IPC registered at PS Sultan Puri 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.
It is however, made clear that the said settlement, will not affect the rights of the minor child in future.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 29, 2024/RK 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.