Manish Sharma & ORS. v. The State (Govt. Of N.C.T. Of Delhi) & ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9784/2024 CRL.M.A. 37504/2024 MANISH SHARMA & ORS.

.....Petitioners Through:

Mr. B D Sharma, Adv. with petitioners in person versus THE STATE (GOVT. OF N.C.T. OF DELHI) & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State Mr Rupal Luthra and Rajkumar, Advs for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 12.12.2024 1.

This petition has been filed seeking quashing of FIR No.162/2023, under Sections 498A/406/34 IPC, registered at P.S. Vivek Vihar, basis settlement arrived at between the parties, before the Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi, on 7th November 2023, which is on record of this Court.

2.

Petitioner nos.1-4 and respondent no.2 are present in Court while petitioner nos. 5 and 6 are present through VC; all of them are duly identified by IO and the respective counsels. 3.

As per the settlement, outstanding balance of Rs.5 lakhs has been tendered today to respondent no.2 through wire-transfer, which is duly acknowledged by her and she states that she has no objection to the quashing of 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 09:36:03

4.

The marriage of petitioner no.1 and respondent no.2 resulted in a divorce by decree dated 4th May, 2024. One daughter 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.162/2023, under Sections 498A/406/34 IPC, registered at P.S. Vivek 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 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.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 12, 2024/sm 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 09:36:03