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High Court of DelhiCRL.M.C./9645/2024

Yogesh Kumar & ORS. v. State Of NCT Of Delhi & ANR.

2024-12-09Hon'Ble Mr. Justice Anish Dayal2 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9645/2024 YOGESH KUMAR & ORS.

.....Petitioners Through:

Mr. Pankaj Kumar Pandey, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State with SI Pankaj Kumar, PS Jyoti Nagar.

Mr. Gyan Mitra and Mr. Agraza Mishra, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.12.2024 1.

This petition has been filed, seeking quashing of FIR No.209/2023, under Sections 498A/406/34 IPC, P.S. Jyoti Nagar basis settlement dated 22nd May 2024, arrived at, before the Family Court, Shahdara, Karkardooma Courts, which is on the record of this Court. 2.

Petitioner No.1 and respondent No.2 are present in Court and are duly identified by the IO. Petitioner Nos.2-6 are present through VC and are duly identified by the petitioner's counsel.

3.

As per the settlement, the outstanding balance of Rs.5,50,000/- has been tendered vide DD No.015952 drawn on Bank of Baroda and has been received by respondent No.2 in Court.

4.

Respondent No.2 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 02/07/2025 at 10:53:49

5.

The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce by decree dated 14th October 2024. No child was born out of their wedlock.

6.

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.209/2023, under Sections 498A/406/34 IPC, PS Jyoti Nagar and proceedings emanating therefrom are quashed.

7.

Parties shall abide by the terms of settlement. 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 9, 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 02/07/2025 at 10:53:49