← Library
High Court of DelhiCRL.M.C./9985/2024

Abhimanyu Shankhdar v. The State Govt. Of NCT Of Delhi And ANR.

2024-12-19Hon'Ble Mr. Justice Anish Dayal2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9985/2024 CRL.M.A. 38248/2024 ABHIMANYU SHANKHDAR .....Petitioner Through:

Petitioner in person versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Pradeep Gahalot, APP for State along with SI Munesh Meena, PS:

Hazrat Nizamuddin.

Mr. Sidhant Saraswat, Advocate with Mr. Junaid, respondent No.2 (through VC).

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. 227/2021 registered at P.S. Hazrat Nizamuddin, under Sections 498A/406/34 of IPC based on settlement dated 28th March, 2024 arrived at facilitation of Delhi High Court Mediation and Conciliation Centre, which is on record of this Court.

2.

Petitioner No.1 is present in Court, petitioner Nos. 2 & 3 are family members of petitioner No.1 and are exempted from appearing in Court. Respondent No.2 is present through VC, while her brother Mr. Junaid, is present in Court. All parties are duly identified by the I.O. and respective 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 12:07:41

counsels.

3.

As per settlement, the final outstanding balance of Rs.4,00,000/- is being tendered vide D.D. No.082827 drawn on Standard Chartered Bank, M-Bock Market, Building No.39, Greater Kailash Part-2, New Delhi110048 Branch which has been handed over to Mr. Junaid; the same has been received by him in Court on behalf of respondent No.2. Respondent No.2 has authorized Mr. Junaid to receive the said Draft. 4.

Respondent No.2 states that she has no objection to the quashing of FIR. The marriage of petitioner No.1 and respondent No.2 has resulted in a by decree of mutual consent dated 22nd May, 2024. No child was born out of the 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. 227/2021 under Sections 498A/406/34 of IPC registered at P.S. Hazrat Nizamuddin 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/ak 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 12:07:41