Raj Kumar Nagar ORS v. State Of NCT Of Delhi And ANR.
$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9518/2024 & CRL.M.A. 36556/2024 RAJ KUMAR NAGAR ORS .....Petitioners Through:
Mr. Yogender Yadav, Mr. Sikandar Khan, Advs. with petitioners in person versus STATE OF NCT OF DELHI AND ANR.
.....Respondent Through:
Mr. Digam Singh Dagar, APP for State Mr. Sanjay Kumar, Advocate for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 05.12.2024 1.
This petition has been filed seeking quashing of FIR No.77/2016 under Sections 498A/34 IPC registered at P.S Aman Vihar, on the basis of a settlement arrived at between the parties dated 12th July 2016, which is on record of this Court.
2.
Petitioner nos.1-5 and respondent no. 2 are present in Court and are duly identified by IO and their respective counsel. 3.
Respondent no.2 states that she has no objection to the quashing of FIR, as she has received the settlement amounts and all aspects of settlement have been duly complied with.
4.
Marriage of petitioner no.1 and respondent no. 2 has since resulted in a divorce by decree dated 4th July 2017. No child was born out of this wedlock.
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 07/12/2024 at 11:40:06
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.77/2016 under Sections 498A/34 IPC registered at P.S Aman 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 application is disposed of as infructuous.
8.
Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 5, 2024/sm/tk 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 07/12/2024 at 11:40:06