Rohit Kumar Garg v. The State NCT Delhi & ANR.
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9814/2024 ROHIT KUMAR GARG .....Petitioner Through:
Ms. Vandana Sharma Bhandari & Mr. Himanshu Saxena, Advs with petitioner in person versus THE STATE NCT DELHI & ANR.
.....Respondents Through:
Mr. Satinder Singh Bawa, APP for State with IO SI Sukchain, PS:
Nihal Vihar.
Mr. Rajesh Bhatia, Mr. Shivam, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 19.12.2024 1.
This petition has been filed seeking quashing of FIR No. 499/2014 registered at PS Nihal Vihar, Delhi, under Sections 498A/406 IPC based on settlement arrived at, between the parties, dated 24th April 2024, with the facilitation of Mediation Centre, Tis Hazari Courts, Delhi subsequently modified by vide order dated 24th July 2024, which is on record of this Court.
2.
As per the settlement, outstanding balance of Rs.2.5 lakhs is being paid today vide DD no. 790572 drawn on Union Bank. The same has been handed over to respondent no.2, who has duly received it in Court. 3.
Petitioner and respondent no.2 are present in Court and are duly identified by their respective counsel.
4.
The marriage of petitioner no.1 and respondent no. 2 resulted in a 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 23/12/2024 at 12:07:07
divorce by decree dated 14th May 2024. One son 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.499/2014 registered at PS Nihal Vihar, Delhi under Sections 498A/406 IPC 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 19, 2024/sm/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 23/12/2024 at 12:07:07