Prabhul Kumar and Anr v. State Govt. of NCT of Delhi and Anr

O R D E R %

06.11.2024

¶1This petition has been filed seeking quashing of FIR No.567/2020, registered at P.S. Moti Nagar, under Sections 498A/406/34 IPC on the basis of a settlement arrived at between the parties dated 11th April, 2023 before Counselling Cell, Family Courts, West District, Tis Hazari, which is on record of this Court.

¶2Petitioners No.1 & 2 and respondent No.2 (complainant) are present This is a digitally signed order. before this Court and are duly identified by IO and the respective counsels.

¶3Respondent No.2 states that she has received the full settlement amount of Rs.28 Lacs noted in the settlement.

¶4The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 10th April, 2024; one male child 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 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.567/2020, registered at P.S. Moti Nagar, Delhi, under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

¶6Both parties shall be bound by the settlement.

¶7Accordingly, the petition is disposed of. Pending application also stands 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 6, 2024 DU/tk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3449/2024 & CRL.M.A. 33160/2024 PRABHUL KUMAR AND ANR. .....Petitioners Through: Ms. Kiran Dharam, Advocate for petitioners along with petitioners in person. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (CRL.) with Mr. Abhinav Kumar Arya, Ms. Priyam Aggarwal, Advocates and SI Loveleen, PS: Moti Nagar. Mr. Manoj V George, Ms. Shilpa Liza George, Ms. Devika and Ms. Chaahat Khanna, Advocates for Complainant/Respondent No.2 along with complainant in person. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL