Pawan Kumar & ORS. v. The State (NCT Of Delhi) & ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9553/2024 PAWAN KUMAR & ORS.

.....Petitioners Through:

Mr. Jagdish Prasad, Adv. with petitioners in person versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State & SI Raghubir PS Khyala M. Piyush Sharma, Adv. 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.0105/2019 registered at P.S Khyala, Delhi, under Sections 498A/406/34 IPC, on the basis of a settlement arrived at between the parties with the facilitation of Delhi Mediation Centre, Tis Hazari Courts dated 8th November 2023, which is on record of this Court.

2.

Petitioner nos.1-3 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. 3.

As per settlement, an outstanding balance of Rs.75,000/- is being paid today vide DD no. 583227 drawn on PNB. 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.

4.

Marriage of petitioner no.1 and respondent no. 2 resulted in a divorce by decree dated 12th September 2024. One daughter was born out of 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 11:40:30

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.105/2019 registered at PS Khyala, Delhi, under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

It is however made clear that the said settlement will not affect the rights of the minor child in future.

8.

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

9.

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 11:40:30