Yashpal & ORS. v. The State (Goverment Of NCT Of Delhi) & ANR.
$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9957/2024 & CRL.M.A. 38150/2024 YASHPAL & ORS.
.....Petitioner Through:
Ms. Mallika Bhandari, Adv.
versus THE STATE (GOVERMENT OF NCT OF DELHI) & ANR.
.....Respondent Through:
Mr. Satinder Singh Bawa, APP for State with ASI Vikram Singh, PS Karawal Nagar.
Mr. Vipin Kumar, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 18.12.2024 1.
This petition has been filed seeking quashing of FIR No. 360/2022, under Sections 498A/406/34 of the Indian Penal Code 1860 and Section 4 of Dowry Prohibition Act 1961, PS Karawal Nagar basis settlement dated 04th July 2024 arrived at before the Family Court, North-East District, Karkardooma, which is on record of this Court. 2.
Petitioner Nos.1-7 and respondent No.2/complainant are present before this Court and duly identified by the IO and their respective counsels. 3.
The balance amount of the settlement of Rs.1,50,000/- is being tendered today vide DD No.225365 drawn on Union Bank of India to respondent No.2, who has received it in Court and acknowledges the same. 4.
Respondent No.2 states that she has no objection to the quashing of 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 11:33:51
the said FIR.
5.
The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 14th October 2024. Two children were born out of 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. 360/2022, under Sections 498A/406/34 of the Indian Penal Code 1860 and Section 4 of Dowry Prohibition Act 1961, PS Karawal Nagar and proceedings emanating therefrom, are quashed.
7.
Parties shall abide by the terms of settlement. 8.
It is however made clear that the said settlement will not affect the rights of the minor children in future.
9.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
10.
Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 18, 2024/MK 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 11:33:51