Quashed

Nitin Upreti & Anr. v. the State (through Govt. of NCT Delhi) & Anr.

Delhi HC9 Jan 2024CRL.M.C./184/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed the FIR registered against the petitioners for offences under Sections 498A and 406 IPC. The Court noted the execution of a settlement deed and the complainant's voluntary statement that the dispute was resolved amicably, finding no useful purpose in continuing criminal proceedings.

What did the court decide?

Quashed FIR No. 0672/2021 registered at Police Station Dabri, Delhi for offences punishable under Sections 498A/406 IPC and proceedings emanating therefrom.

Nitin Upreti & Anr. Vs the State (through Govt. of NCT… — Dowry and Cruelty | Delhi HC (2024)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 184/2024

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NITIN UPRETI & ANR. ..... Petitioners Through: Mr. Hargun Singh Kalra, Advocate with petitioners no. 1 & 2 in-person.

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versus

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THE STATE (THROUGH GOVT. OF NCT DELHI) & ANR.

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..... Respondents Through: Mr. Satish Kumar, APP for the State. S.I. Sandeep, P.S.: Dabri & A.S.I. Dahramveer, P.S.: JP Kalan.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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% 09.01.2024

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CRL.M.A. 742/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 184/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners praying for quashing of FIR bearing No. 0672/2021, registered at Police Station Dabri, Delhi for offences punishable under Sections 498A/406 of the Indian Penal Code, 1860 (‘IPC’).

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Brief facts of the case are that on 27.02.2020, petitioner no. 1 and respondent no. 2 got married according to Hindu rites and ceremonies at Community Center, Palam-Dabri Road, New Delhi. Due to matrimonial dispute, respondent no. 2 lodged an FIR bearing no. 0672/2021, dated

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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 13/05/2024 at 12:51:21

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14.08.2021, against her husband/petitioner no. 1, mother-in-law/ petitioner no. 2 and father-in-law of the petitioner. Thereafter vide order dated 29.10.2022, learned Trial Court framed charges against the petitioners. However, the parties resolved their underlying disputes with regard to their marriage vide a settlement deed dated 26.07.2023 & decided to quash the FIR.

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Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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Petitioners are present before this Court and have been identified by his counsel Mr Sunil Kumar and Investigating Officer (IO) SI Sandeep from Police Station Dabri, Delhi.

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On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties vide a settlement deed dated 26.07.2023.

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan , marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members.

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Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed.

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In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no

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This is a digitally signed order.

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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 13/05/2024 at 12:51:21

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useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 0672/2021, registered at Police Station Dabri, Delhi for offences punishable under Sections 498A/406 IPC and the proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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JANUARY 9, 2024/ at

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 13/05/2024 at 12:51:21

Nitin Upreti & Anr. v. the State (through Govt. of NCT Delhi) & Anr.

Case brief

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Nitin Upreti & Anr. v. the State (through Govt. of NCT Delhi) & Anr.

Case brief

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