Allowed

Pradeep Kumar & Ors. v. the State & Anr.

Delhi HC5 Mar 2024CRL.M.C./1849/2024

Case brief

AI extract

What is this about?

A single judge quashed an FIR under Sections 498A, 406, and 34 IPC filed under Section 482 CrPC. The court observed that the parties reached a settlement out of free will before the Family Court, resolving all claims including maintenance and dowry articles.

What did the court decide?

The FIR bearing No. 0001/2016 and all consequential proceedings under Sections 498A, 406, and 34 of the IPC were quashed.

Pradeep Kumar & Ors. Vs the State & Anr. — Domestic Violence | 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. 1849/2024

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PRADEEP KUMAR & ORS.

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..... Petitioners

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Through: Appearance not given.

versus

THE STATE & ANR.

..... Respondents

Through: Mr. Satish Kumar, APP for the State along with SI Sandeep Kumar, P.S. Greater Kailash-I.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 05.03.2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr. P.C.) has been filed by petitioners praying for quashing of FIR bearing No. 0001/2016 registered at Police Station Greater, Kailash, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code (‘IPC’) and all other proceedings arising therefrom. 2. Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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Briefly stated the facts of the present case are that the marriage between the petitioner No. 1 and the respondent no.2 was solemnized on 30.04.2006. However, due to temperamental differences between the petitioners and respondent no.2 disputes arose resulting to the registration of

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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 12/03/2024 at 11:15:54

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the present FIR.

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The petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) Sandeep Kumar from Police Station Greater Kailash-I.

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On the 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 before Family Court, South-East District, Saket Court, Delhi on 20.10.2023 entered into between them.

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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 the petitioners. The petitioner no. 1 had paid a sum of Rs.4,50,000/- vide Bankers Cheque No.550858 dated 05.02.2024 drawn on State Bank of India, Dwarka Branch, New Delhi to the complainant.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 0001/2016 registered at Police Station Greater Kailash for offences punishable under Sections 498A/406/34 of the IPC and all consequential 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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MARCH 5, 2024/A

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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 12/03/2024 at 11:15:54

Pradeep Kumar & Ors. v. the State & Anr.

Case brief

What is this about?

What did the court decide?

Pradeep Kumar & Ors. v. the State & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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