Amit Kumar & ORS. v. Govt Of NCT Of Delhi & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10057/2024 CRL.M.A. 38565/2024 AMIT KUMAR & ORS.

.....Petitioner Through:

Mr. Ramesh Chander, Mr. Nitin Malhotra and Ms. Divya, Advs.

versus GOVT OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Satinder Singh Bawa, APP for State with SI Dipesh Malik, PS Samaipur Badli.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.12.2024 1.

This petition has been filed seeking quashing of FIR No.370/2019 dated 31st May, 2019 registered at PS Samaipur Badli, under Sections 498A/406/34 IPC basis settlement dated 01st March, 2024 arrived at before the Delhi Mediation Centre, Rohini District Courts; same is on record of this Court.

2.

Petitioner Nos. 1-5 and respondent No.2 (through VC) are present in Court and duly identified by the IO.

3.

The total settlement amount is of Rs. 2.75 Lacs. While Rs.1.75 Lacs has been received earlier by respondent No.2, balance Rs.1 Lac is being tendered vide DD No.383722 drawn on Punjab National Bank to respondent No.2, who has received it and confirms the same. 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 12:07:17

divorce by decree dated 17th August, 2024 by the Principal Judge, Family Court, Rohini Courts, Delhi. 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.370/2019 dated 31st May, 2019 registered at PS Samaipur Badli, 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 application is disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 20, 2024/MK/sc 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 12:07:17