Quashed

Neeraj Kumar and Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC15 Jan 2024CRL.M.C./284/2024

Case brief

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What is this about?

High Court Delhi quashed FIR and proceedings involving domestic violence allegations upon amicable settlement, payment of Rs.5 lakhs, and deposit of Rs.10,000 for counselling of POCSO victims, subject to proof of receipt and encashment.

What did the court decide?

Quashing of FIR No.157/2022 and consequent proceedings subject to deposit of Rs.10,000 with DSL S A and encashment of Rs.5 lacs.

Neeraj Kumar and Ors. Vs State Govt. of NCT of Delhi and Anr. — Money Laundering | Delhi HC (2024)

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$~95

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 284/2024, CRL.M.A. 1117/2024

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NEERAJ KUMAR AND ORS ..... Petitioners Through: Mr. Anand Prakash, Mr. Satbeer Prajapati, Mr. Sanjay Chauhan and Mr. Hazari Lal Prasad, Advocates with petitioners in person.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with W/SI Shrishti, P.S. Subhash Place. Respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 15.01.2024

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The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 157/2022 registered under Sections 354/354A/323/509/34 IPC at Police Station Subhash Place, Delhi on the ground that the parties have amicably settled their disputes.

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As per the allegations levelled in the FIR, the petitioners, who are the in-laws of respondent No.2, have been torturing, abusing and beating her. Respondent No.2 further states that on 02.01.2022 at around 8 PM, the petitioners came to her house and started abusing and beating her.

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Mr. Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case.

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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 17/05/2024 at 12:23:05

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Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are all related to each other and that they have amicably settled their disputes vide Mutual Release and Settlement Agreement dated 01.03.2023, a copy of which has been placed on record. It is further submitted that over and above the settlement, the petitioners have also paid a sum of Rs.5 lacs to respondent No.2 today in Court through a demand draft, photocopy of which has been placed on record. It is submitted that respondent No.2 is now left with no claim whatsoever against the petitioners.

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The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ W/SI Shrishti, P.S. Subhash Place , Delhi who is present in the Court. Respondent No. 2, who is also present in Court, has been identified by the I.O.

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The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned Agreement out of her own free will, volition and without any coercion. She also acknowledges the receipt of Rs.5 lacs and states that she has no objection if the present FIR and the consequent proceedings are quashed, subject to encashment of demand draft of Rs.5 lacs.

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The parties shall remain bound by the statements made in Court today.

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In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of collective cost of Rs.10,000/- to be deposited by the

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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 17/05/2024 at 12:23:05

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petitioners with the Delhi State Legal Services Authority within a period of two weeks from today and encashment of demand draft of Rs.5 lacs handed over to the respondent No.2 today in Court. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

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Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

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A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation.

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With the above directions, the petition is disposed of alongwith miscellaneous application.

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MANOJ KUMAR OHRI, J

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JANUARY 15, 2024/ ga

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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 17/05/2024 at 12:23:05

Neeraj Kumar and Ors. v. State Govt. of NCT of Delhi and Anr.

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Neeraj Kumar and Ors. v. State Govt. of NCT of Delhi and Anr.

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