Disposed

Vinay Nirwan & Ors. v. the State (Gnct of Delhi) through Sho, P.S. Kalkaji & Anr.

Delhi HC19 Feb 2024CRL.M.C./1323/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 Cr.P.C. against FIR under Sections 498A/406/34 IPC. Parties had settled amicably via mediation agreement; divorce granted by mutual consent. Court found continuation an abuse of process and quashed the FIR and proceedings.

What did the court decide?

FIR No. 0561/2021 under Sections 498A/406/34 IPC registered at P.S. Kalkaji and proceedings emanating therefrom quashed.

Vinay Nirwan & Ors. Vs the State (Gnct of Delhi) through… — Dowry and Cruelty | Delhi HC (2024)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 19.02.2024

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- CRL.M.C. 1323/2024

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VINAY NIRWAN & ORS. ..... Petitioners Through: Mr.Pankaj Rai and Mr.Sanjay Sharma, Advocates alongwith petitioners in person.

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versus

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THE STATE (GNCT OF DELHI) THROUGH SHO, P.S. KALKAJI & ANR. ..... Respondents Through: Ms. Kiran Bairwa, APP for the State with SI Mahesh Kumar, PS Kalkaji. Mr.B.B.Pradhan, Mr.Saurav Padhi and Mr.Kishor Kumar, Advocates alongwith respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

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% J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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CRL.M.A. 5201/2024

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Exemption allowed, subject to just exceptions.

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Application stands disposed of.

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CRL.M.C. 1323/2024

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 0561/2021, under Sections 498A/406/34 IPC registered at P.S.: Kalkaji and proceedings emanating therefrom.

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Signature Not Verified

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Page 1 of 3

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CRL.M.C. 1323/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 1.02.2024 16:04:22

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2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith respondent No.2 in person appear on advance notice and accept notice.

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3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 10.02.2019. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since 19.05.2020. Present FIR was lodged on the complaint of respondent No. 2 on 11.08.2021.

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4. The matter has been amicably resolved between the parties vide Settlement Agreement dated 06.05.2023 arrived at Mediation Centre, Saket Courts, New Delhi. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 12.10.2023. An amount of Rs. 4,00,000/- out of total settlement amount of Rs.10,00,000/- has been paid today to respondent No. 2 through Cheque No.000792 dated 17.02.2024 drawn on HDFC Bank in favour of respondent No. 2.

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5. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.

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6. Petitioners as well as respondent No. 2 are present in person and have been identified by SI Mahesh Kumar, PS: Kalkaji. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states

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Signature Not Verified

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Page 2 of 3

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CRL.M.C. 1323/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 1.02.2024 16:04:22

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that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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7. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0561/2021, under Sections 498A/406/34 IPC registered at P.S.: Kalkaji and the proceedings emanating therefrom stand quashed.

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Petition is accordingly disposed of. Pending application, if any, also stands disposed of.

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ANOOP KUMAR MENDIRATTA, J.

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FEBRUARY 19, 2024 /v

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Signature Not Verified

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Page 3 of 3

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CRL.M.C. 1323/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 1.02.2024 16:04:22

Vinay Nirwan & Ors. v. the State (Gnct of Delhi) through Sho, P.S. Kalkaji & Anr.

Case brief

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What did the court decide?

Vinay Nirwan & Ors. v. the State (Gnct of Delhi) through Sho, P.S. Kalkaji & Anr.

Case brief

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What did the court decide?

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