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High Court of DelhiCRL.M.C./8/2025

Amit Pahuja & ORS. v. State Govt. Of NCT Of Delhi And ANR.

2025-01-07Hon'Ble Mr. Justice Anish Dayal2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8/2025 AMIT PAHUJA & ORS.

.....Petitioners Through:

Ms. Renu Kuhar & Ms. Deepshikha, Advs. with petitioners in person versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Satinder Singh Bawa, APP for State with SI Seema PS Dwarka South & IO SI Jagdish with R-2

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 07.01.2025 1.

This petition has been filed seeking quashing of FIR no. 432/2017 registered at P.S. Dwarka South, under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 28th February 2023, with facilitation of the Counselling Cell, Family Courts, Dwarka, which is on record of this Court.

2.

Petitioner nos. 1, 2, 4, 5 and 7 respondent no.2 are present in Court while petitioner nos. 3 and 6 are present through VC, all of them are duly identified by IO and the respective counsel.

3.

As per the settlement, an outstanding balance of Rs. 10 lakhs is being paid today vide DD no. 014090 drawn on HDFC Bank. The same has been handed over to respondent no.2 who has duly received it in Court. Respondent No. 2 states that she has no objection to the quashing of the FIR since all other aspects of settlement have also been complied with by the 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 24/01/2025 at 15:10:15

parties.

4.

Marriage of petitioner no.1 and respondent no. 2 has resulted in a divorce by decree dated 8th April, 2024. One son 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. 432/2017 registered at P.S. Dwarka South, 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.

It is however made clear that the said settlement will not affect the rights of the minor child in future.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 7, 2025/sm/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 24/01/2025 at 15:10:15