Quashed

Nitin Kumar and Ors. v. the State NCT of Delhi and Ors.

Delhi HC2 Aug 2024CRL.M.C./5954/2024

Case brief

AI extract

What is this about?

High Court of Delhi quashed FIR registered under Sections 498A/406/174A IPC in a matrimonial dispute. The court found that the matter was amicably settled via a settlement deed and decree of divorce by mutual consent, with no coercion involved, deeming continuation as an abuse of process.

What did the court decide?

FIR No. 0104/2017 and all proceedings therefrom registered at PS: Ranjit Nagar under Sections 498A/406/174A IPC are quashed.

Nitin Kumar and Ors. Vs the State NCT of Delhi and Ors. — Dowry and Cruelty | Delhi HC (2024)

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$~77

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 02.08.2024

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- CRL.M.C. 5954/2024

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NITIN KUMAR AND ORS. .....Petitioners Through: Mr. Mahkar Singh and Ms. Shalu Dhiman, Advocates with Petitioners in person.

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versus THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Ms. Manjeet Arya, APP for State with SI Garima, PS: Ranjit Nagar. Mr. Adesh Nandal and Mr. Shivam Gautam, Advocates for R-2 with Respondent No. 2 in-person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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CRL.M.A. 22769/2024

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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. 5954/2024

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1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 0104/2017, under Sections 498A/406 IPC, registered at PS: Ranjit Nagar and proceedings emanating therefrom. Section 174A IPC was subsequently invoked.

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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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Signature Not Verified

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CRL.M.C. 5954/2024

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Page 1 of 3

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35

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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 23.11.2015. A male child was born out of the wedlock, which is presently in custody of respondent No. 2. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 07.03.2017.

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4. The disputes have been amicably settled between the parties in terms of Settlement Deed dated 10.05.2024. 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 08.07.2024.

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5. An amount of Rs. 4,00,000/- has been paid to respondent No. 2 today through DD No. 271683 dated 31.07.2024 drawn on Central Bank of India, B-24, Sector 22, Noida, U.P. Branch in favour of respondent No. 2.

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

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7. Petitioners and respondent No. 2 are present in person and have been identified by SI Garima, PS: Ranjit Nagar. 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

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Signature Not Verified

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CRL.M.C. 5954/2024

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Page 2 of 3

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35

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Court. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 0104/2017, under Sections 498A/406/174A IPC, registered at PS: Ranjit Nagar and 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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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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AUGUST 02, 2024 /R

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Signature Not Verified

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CRL.M.C. 5954/2024

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Page 3 of 3

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35

Nitin Kumar and Ors. v. the State NCT of Delhi and Ors.

Case brief

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Nitin Kumar and Ors. v. the State NCT of Delhi and Ors.

Case brief

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