Sumit Kumar @ Sumit Pal & ORS. v. State (NCT Of Delhi At New Delhi) & ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10020/2024 CRL.M.A. 38397/2024 SUMIT KUMAR @ SUMIT PAL & ORS.

.....Petitioners Through:

Mr. Vinay Kumar & Ms. Reena Kumari, Advs. with petitioners in person versus STATE (NCT OF DELHI AT NEW DELHI) & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State/R-1 with SI Dharamveer PS Chhawla Mr. Ashish Kumar, Adv. 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.393/2021 PS Chhawla, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at, between the parties, dated 6th June 2023, which is on record of this Court.

2.

As per the settlement, outstanding balance of Rs.1.25 lakhs is being tendered today vide DD no. 609481, drawn on Kotak Mahindra Bank. The same has been handed over to respondent no.2, who has duly received it in Court. She states that she has no objection to quashing of the FIR. 3.

Petitioner nos.1-4 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. 4.

The marriage of petitioner no.1 and respondent no. 2 resulted in a divorce vide decree dated 3rd January 2024. No child was born out of this 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 12:07:16

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. 393/2021 PS Chhawla, Delhi under Sections 498A/406/34 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.

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 12:07:16