Delhi High Court - Orders
Abhishek Gupta And Anr vs State Of Nct Of Delhi And Anr on 6 April, 2023
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 952/2023 & CRL.M.A. 8728/2023
ABHISHEK GUPTA AND ANR. ..... Petitioners
Through: Mr. Prateek Goswami and Mr. Rishab
Gupta, Advs.
versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Anand V. Khatri, ASC for the
State with SI Gagandeep, PS Prashant
Vihar.
Mr. Basant Kumar Gautam and Mr.
Pawandeep Gautam, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 06.04.2023 CRL.M.A. 8728/2023 Exemption allowed subject to just exceptions. W.P.(CRL) 952/2023
1. This petition has been filed for quashing of FIR No.677/2021 registered at PS Prashant Vihar under Sections 498A/406/34 IPC on the ground that the parties have settled their disputes vide agreement dated 06th February, 2023 which is on record of this Court. As per the settlement, a final balance amount of Rs.6 lacs is to be paid to respondent No.2 which is being tendered vide DD No.515386 dated 28.03.2023 drawn on Union Bank of India and has been received by respondent No.2 in Court and duly acknowledged. The petitioner No.1 and respondent No.2/complainant are Signature Not Verified Digitally Signed By:ANISH DAYAL present in Court and duly identified by their counsels and the IO. Petitioner No.2's presence is exempted on an oral request of learned counsel for the petitioner. Respondent No.2 states that all aspects of the settlement have been complied with. Petitioner No.1 and respondent No.2 were married on 06th July, 2014. Due to differences between the parties, the marriage has resulted in divorce vide decree dated 10th March, 2023. No child was born out of their wedlock.
2. 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.677/2021 registered at PS Prashant Vihar under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.
3. Parties shall abide by the terms of settlement.
4. Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
5. Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 6, 2023/MK Signature Not Verified Digitally Signed By:ANISH DAYAL