Disposed

Pawan Kumar & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC21 Feb 2024W.P.(CRL)/298/2024

Case brief

AI extract

What is this about?

Writ petition to quash FIR under Sections 498A/34 IPC after parties settled amicably and dissolved marriage by mutual consent. With State's consent and respondent No. 2 present confirming no objection, court quashed FIR and proceedings as abuse of process and disposed of petition.

What did the court decide?

FIR No. 0613/2022 under Sections 498A/34 IPC at PS Dwarka South quashed along with emanating proceedings; pending applications disposed.

Pawan Kumar & Ors. Vs State Govt. of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 21.02.2024

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- W.P.(CRL) 298/2024

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PAWAN KUMAR & ORS. ..... Petitioners Through: Mr. Utkarsh Kokcha, Mr. Milind Raj Dixit and Mr. Rohan Kumar Singh, Advocates with Petitioners-in-person.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Advocate and W/SI Neeraj, PS: Dwarka South. Mr. Hasnain Ansari, Advocate for R-2 with R-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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1. Writ Petition under Article 226 of the Constitution of India read with 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. 0613/2022, under Sections 498A/34 IPC, registered at P.S.: Dwarka South, Delhi.

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2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with 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

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Signature Not Verified

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Page 1 of 3

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W.P.(CRL) 298/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 3.02.2024 16:04:32

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Ceremonies on 17.01.2022. No child was born out of the said wedlock. Due to temperamental differences between the parties, petitioner No. 1 and respondent No. 2 started living separately since 18.04.2022. On complaint of respondent No. 2, present FIR was registered on 29.11.2022.

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4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 12.01.2023. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act as per decree of divorce dated 26.08.2023.

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5. Balance amount of Rs. 60,000/- has been paid to respondent No. 2 through Demand Draft No. 377886 dated 01.02.2024 drawn on Indusind Bank, Dwarka Sector -7 Branch, towards full and final settlement between the parties.

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6. 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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7. Petitioners as well as respondent No. 2 are present in person and have been identified by W/SI Neeraj, PS: Dwarka South, Delhi. 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 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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8. 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. 0613/2022, under Sections 498A/34 IPC,

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Signature Not Verified

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Page 2 of 3

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W.P.(CRL) 298/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 3.02.2024 16:04:32

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registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom stand quashed.

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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ANOOP KUMAR MENDIRATTA, J.

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FEBRUARY 21, 2024 /R

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:2 3.02.2024 16:04:32

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Page 3 of 3

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W.P.(CRL) 298/2024

Pawan Kumar & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

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What did the court decide?

Pawan Kumar & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

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