Disposed

Lallan Kumar & Ors. v. State of NCT of Delhi & Anr.

Delhi HC13 Feb 2024CRL.M.C./625/2023

Case brief

AI extract

What is this about?

Petitioners (in-laws) sought quashing of a 498A/406/34 IPC and Dowry Prohibition Act FIR after settling matrimonial disputes via an MoU. The complainant wife consented without coercion; balance settlement amount paid by demand draft. Court quashed the FIR and consequent proceedings against petitioners only, proceedings continuing against the husband.

What the court decided

AI extract

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

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 625/2023

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LALLAN KUMAR & ORS. ..... Petitioners

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Through: Mr.Mayank Maini and Mr.Amit, Advocates with petitioners in person

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr.Aashneet Singh, APP for State with ASI Satish Kumar Respondent No.2 in person

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CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 13.02.2024

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By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.639/2019 registered under Sections 498A/406/34 IPC read with Sections 3 & 4 of Dowry Prohibition Act at P.S. Prem Nagar, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioners No.1 to 4, who are the in-laws of the complainant.

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Learned counsel for the petitioners submits that the husband of the complainant is not traceable.

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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 17/12/2024 at 15:22:29

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Learned APP for the State submits that respondent No.2 is the complainant/victim and that apart from the present petitioners, Pintu Kumar /husband is also an accused. He, on instructions, submits that on account of his continued absence, NBWs have been issued against the husband of the complainant. He also submits that the divorce proceedings are also pending where in Pintu Kumar is not appearing and the matter is at the stage of ex-parte proceedings.

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Learned counsel for the petitioners submits that the parties have settled their dispute vide Memorandum of Understanding dated 09.09.2022. As per the terms of settlement, an amount of Rs.2,10,000/- was to be paid to respondent No.2. Out of the settlement amount, the balance amount of Rs.1,00,000/- is being paid today by way of demand draft bearing No.418427 dated 07.02.2024 drawn on Canara Bank, Rupnagar. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioners.

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The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who is also present in Court, is identified by the Investigating Officer. 7. Respondent No. 2 states that she has entered into the aforesaid Memorandum of Understanding qua the present petitioners only with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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

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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 17/12/2024 at 15:22:29

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed against the present petitioners only subject to encashment of aforesaid demand draft. The proceedings would continue against Pintu Kumar.

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The petition is disposed of in the above terms.

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MANOJ KUMAR OHRI, J

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FEBRUARY 13, 2024

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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 17/12/2024 at 15:22:29

Lallan Kumar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What the court decided

Lallan Kumar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What the court decided

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