Mr. Sumeet Kumar & Ors v. The State of NCT of Delhi and Anr

O R D E R %

13.11.2024

¶1This petition has been filed seeking quashing of FIR No.781/2021 registered at PS Moti Nagar, Delhi under Sections 498-A/406/34 IPC, on the basis of settlement arrived at between the parties on 4th May, 2024, which is on record of this Court.

¶2Petitioner nos.1-2 and respondent no. 2/ complainant are present in Court and petitioner nos. 3 to 5 are available on VC, all of them are duly identified by IO and the respective counsels.

¶3As per the settlement, petitioner no.1 and respondent no.2 have settled their marital discord and are living together as a married couple. For the sake of clarity, they have also consented to various covenants which have to be complied with, for the sake of peaceful and harmonious living.

¶4Respondent no.2's concern is about non-compliance of the settlement terms by petitioner. Needless to state, in the event of any non-compliance by petitioner, the same will attract legal consequences. This is a digitally signed order. 5. Accordingly, respondent no.2 states that she has no objection to quashing of the FIR, basis this settlement.

¶6Considering 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.781/2021 registered at PS Moti Nagar, Delhi under Sections 498-A/406/34 IPC and proceedings emanating therefrom are quashed.

¶7Parties shall abide by the terms of settlement.

¶8Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

¶9Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 13, 2024/sm/kp This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4328/2024 CRL.M.A. 16453/2024 MR. SUMEET KUMAR & ORS. .....Petitioners Through: Mr. Susheel Kumar Tiwari, Adv with petitioners in person versus THE STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Amit Ahlawat, APP for the State SI Ramlal PS Moti Ngaar R-2/complainant in person CORAM: HON'BLE MR. JUSTICE ANISH DAYAL