Sourabh Savita & Ors v. State NCT of Delhi & Anr

O R D E R %

07.11.2024

¶1These petitions have been filed seeking quashing of FIR No.273/2018 under Sections 498A/406/34 IPC and Section 3/4 Dowry Prohibition Act 1961, PS Bhajanpura, Delhi and FIR No.664/2017 under Sections 323/341/354/34 IPC, PS Nihal Vihar Delhi, on the basis of settlement arrived at between the parties dated 4th September 2024, which is on record of this Court.

¶2Petitioners and respondents/complainants in both these petitions are present in Court and are duly identified by IO and the respective counsels.

¶3As per the settlement, an outstanding balance of Rs.7 lakhs is being paid today vide DD no. 902155 for Rs. 2.5 lakhs drawn on PNB and an This is a digitally signed order. FDR for Rs. 4.5 lakhs also drawn on PNB, both of which have been handed over to respondent no.2, who has duly received it in Court. Respondents/ complainants state that they have no objection to quashing of the FIR.

¶4The marriage of petitioner no.1 and respondent no. 2 has resulted in divorce by decree dated 24th April 2024. One daughter was born out of wedlock.

¶5Considering 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 aforenoted FIRs as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petitions are allowed. Consequently, FIR No.273/2018 under Sections 498A/406/34 IPC and Section 3/4 Dowry Prohibition Act, PS Bhajanpura, Delhi and FIR No.664/2017 under Sections 323/341/354/34 IPC, PS Nihal Vihar, Delhi and proceedings emanating therefrom are quashed.

¶6Parties shall abide by the terms of the settlement.

¶7Accordingly, both the petitions are disposed of. Pending applications are disposed of as infructuous.

¶8It is however made clear that the said settlement will not affect the rights of the minor child in future.

¶9Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 7, 2024/sm This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8443/2024 CRL.M.A. 32214/2024 + CRL.M.C. 8464/2024 CRL.M.A. 32282/2024 SOURABH SAVITA & ORS. .....Petitioners Through: Mr. Sunil Kumar & Mr. Rahil Kumar, Advs. with petitioners in person versus STATE NCT OF DELHI & ORS. .....Respondent Through: Mr. Digam Singh Dagar, APP for State with SI Sanjay Bansal, PS Bhajanpura Ms. Sandhya Gupta, Adv. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE ANISH DAYAL