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High Court of DelhiCRL.M.C./9571/2024

Sh. Amarjeet Singh v. State Govt Of NCT Of Delhi And ANR

2024-12-06Hon'Ble Mr. Justice Anish Dayal2 pages

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9571/2024 CRL.M.A. 36734/2024 SH. AMARJEET SINGH .....Petitioner Through:

Mr. Santosh Singh, Adv.

versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondent Through:

Mr. Satinder Singh Bawa, APP for State with SI Sanjay Kumar, PS Nihal Vihar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 06.12.2024 1.

This petition has been filed seeking quashing of FIR No. 463/2019, under Sections 498A/406/34 IPC, PS Nihal Vihar basis settlement dated 24th January 2020, which is on record of this Court. 2.

Petitioner No.1 and respondent No.2/complainant are present before this Court and duly identified by the IO.

3.

Petitioner Nos.2 and 3 have since passed away. Petitioner Nos.4-6 are exempted from appearance due to ill health.

4.

The outstanding balance under the settlement of Rs.50,000/- has been tendered vide DD No.294347 drawn on Punjab & Sind Bank today to respondent No.2, who has received it in Court. 5.

Respondent No.2 states that she has no objection to the quashing of the said FIR.

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 09/12/2024 at 12:56:01

6.

The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce, vide decree dated 20th November, 2021. Two children were born out of their wedlock.

7.

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. 463/2019, under Sections 498A/406/34 IPC, PS Nihal Vihar and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

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

10.

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

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 6, 2024/MK/kp 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 09/12/2024 at 12:56:01