Sidhant Jain & ORS. v. State Govt. Of NCT Of Delhi

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 15/2025 SIDHANT JAIN & ORS.

.....Petitioners Through:

Mr. Vinod Kumar Mangal, Mr. Nikhil Rastogi and Mr. Aakash Khatri, Advocates.

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:

Mr. Ritesh Kr. Bahri, APP.

IO ASI Prem Ballabh, SI Ami Kumar, PS: Prashant Vihar.

Mr. Karan Sachdeva and Ms. Richa Sharma, Advocates for R-2.

Ms. Ruchika Arora, Complainant.

Ms. Ranjana Arora, Mother of R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 07.01.2025 1.

The present petition has been filed seeking quashing of FIR No. 0141/2023 dated 03rd March, 2023, registered at Police Station Prashant Vihar for offences under Sections 498A/406/34 of the Indian Penal Code, 1860,1 as well as all consequential proceedings emanating therefrom. This request is made in light of the amicable settlement reached between the parties, as evidenced by the Memorandum of Understanding2 executed on 30th August 2024, between Petitioner No.

and the Complainant/Respondent No. 2. A copy of the aforementioned MoU has been duly placed on record.

2.

Respondent No. 2 is present through VC while her mother is present 1 "IPC"

2 "MoU"

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 23/01/2025 at 17:26:02

in court, duly identified by the IO as well as the counsel. Respondent No. 2 has no objections to the quashing of the FIR, and an affidavit to this effect has also been filed by her.

3.

In terms of the settlement, an outstanding balance of INR 20 lakhs out of a total sum of INR 80 lakhs is being paid by the Petitioners today vide DD No. 045126 drawn on State Bank of India dated 16th December, 2024. A copy of the same has been handed over across the board, and is taken on record. The said DD has been given to Respondent No. 2's mother, who has duly received it in Court.

4.

The marriage between Petitioner No. 1 and Respondent No. 2 has been dissolved through decree of divorce dated 18th November, 2024, issued by Family Court, Rohini, North Delhi. It is noted that no child was born out of the said wedlock.

5.

In view of the aforementioned settlement between the parties, and the bleak prospect of a conviction of the petitioners, it would serve no purpose to continue with the proceedings stemming from the present FIR. Continuing the proceedings would only amount to an abuse of the judicial process and impose an unwarranted burden on the State Exchequer. 6.

Accordingly, the petition is allowed, and FIR No. 0141/2023 dated 03rd March, 2023 under Sections 498A/406/34 IPC registered at PS Prashant Vihar, Delhi and proceedings emanating therefrom are quashed. 7.

The parties shall abide by the terms of settlement. 8.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

SANJEEV NARULA, J JANUARY 7, 2025/ d.negi 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 23/01/2025 at 17:26:02