Allowed

Prashant Saxena & Ors. v. State (N.C.T. of Delhi) through S.H.O. P.S. Binda Pur & Anr.

Delhi HC12 Sept 2024CRL.M.C./7085/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC. The court allowed a petition based on a compromise and divorce decree, deeming further proceedings a misuse of the process as conviction chances were remote.

What did the court decide?

FIR No.418/2016 and all proceedings emanating therefrom were quashed; parties directed to abide by terms of settlement.

Prashant Saxena & Ors. Vs State (N.C.T. of Delhi) through… — Dowry and Cruelty | Delhi HC (2024)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7085/2024 CRL.M.A. 27043/2024

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PRASHANT SAXENA & ORS. .....Petitioners

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Through: Mr. Puneet Srivastava, Adv.

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versus

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STATE (N.C.T. OF DELHI) THROUGH S.H.O. P.S. BINDA PUR & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Krishna, PS Bindapur. Mr. Piyush Chhabra and Mr. Karran Oberoi, Advs. for Complainant.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 12.09.2024

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This petition has been filed seeking quashing of FIR No.418/2016, PS Binda Pur under Sections 498A/406/34 IPC basis settlement dated 07^th May, 2024 arrived at between the parties, which is on record of this Court.

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As per the settlement, an amount of Rs.10 Lacs has been paid in installments, as indicated in the settlement. The receipt of which respondent No.2 acknowledges. The final draft of Rs.3,33,334/- has been handed over to the counsel for respondent No.2, who acknowledges the same, who is present in Court. Respondent No.2 has no objection to the quashing of the FIR.

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Petitioner Nos.1-3 and respondent No.2/complainant are present through VC and duly identified by the IO.

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This is a digitally signed order. 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 02/07/2025 at 09:28:40

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The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce by decree dated 18^th July, 2024. No child was born out of wedlock.

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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.418/2016, PS Binda Pur under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 12, 2024/MK

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Prashant Saxena & Ors. v. State (N.C.T. of Delhi) through S.H.O. P.S. Binda Pur & Anr.

Case brief

What is this about?

What did the court decide?

Prashant Saxena & Ors. v. State (N.C.T. of Delhi) through S.H.O. P.S. Binda Pur & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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