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High Court of DelhiCRL.M.C./10158/2024

Abhishek Chauhan & ORS. v. State Govt. Of NCT Of Delhi And ANR.

2024-12-23Hon'Ble Mr. Justice Anish Dayal2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10158/2024 CRL.M.A. 38986/2024 CRL.M.A. 38987/2024 ABHISHEK CHAUHAN & ORS.

.....Petitioner Through:

Mr. Anuj Gupta and Ms. Pinki Aggarwal, Advocates versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through:

Mr. Sunil Kumar Gautam, APP for State with SI Ashok Kumar, PS:

Civil Lines.

Mr S.C. Pandey, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.12.2024 CRL.M.A. 38986/2024(Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 10158/2024 1.

This petition has been filed seeking quashing of FIR no. 451/2023 registered at PS Civil Lines, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties with the facilitation of Delhi Mediation Centre Tis Hazari Court dated 25th January 2024, which is on record of this Court.

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 30/12/2024 at 11:58:00

2.

Petitioner no.1-2 and respondent no. 2 (complainant) are present in Court and are duly identified by IO and the respective counsel. Petitioner nos. 3-5 are present through VC and are duly identified by the IO as well. 3.

As per the settlement, an outstanding balance of Rs. 5 lacs is being paid today vide DD no. 206673 drawn on Standard Chartered Bank dated 08th December, 2024. The same has been handed over to respondent no.2 who has duly received it in Court. She has no objection to the quashing of the FIR. 4.

Marriage of petitioner no.1 and respondent no. 2 has resulted in a divorce by decree dated 22nd November 2024. No child 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. 451/2023 under Sections 498A/406/34 IPC registered at PS Civil Lines, Delhi 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 23, 2024/RK/tk 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 30/12/2024 at 11:58:00