Quashed

Sunil Kumar & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC23 Aug 2024CRL.M.C./6571/2024

Case brief

AI extract

What is this about?

The High Court of Delhi, in a matrimonial dispute where parties amicably settled and obtained a mutual consent divorce, directed the quashing of the FIR under 498-A, 406 IPC, and Dowry Prohibition Act pending full payment of the settlement amount via a demand draft.

What did the court decide?

The FIR No. 187/2020 and consequent proceedings are quashed subject to the encashment of a demand draft of Rs. 4,50,000/-.

Sunil Kumar & Ors. Vs the State (Govt. of NCT of… — Matrimonial and Divorce | Delhi HC (2024)

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$~74

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6571/2024 & CRL. M.A.25123/2024

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SUNIL KUMAR & ORS. .....Petitioners

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Through: Mr. Rishu Singh, Ms. S. Vasudha, Advocates with petitioners in person.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with WSI Shipra PS Cyber Cell and SI Prem PS K.N. Katju Marg, Delhi. Mr. Varun Gupta, Mr. Ravi Kumar Dwivedi and Mr. Deep Kumar Dwivedi, Advocates for respondent No.2 with 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

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% 23.08.2024

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The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 187/2020 registered under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, at P.S. K.N. Katju Marg, 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 petitioner No. 1 (husband) and the petitioner Nos. 2 to 4 are the mother-in-law, brother-in-law and the sister-inlaw of the complainant, respectively.

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Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case, the petitioners are the only accused persons and the respondent

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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 28/08/2024 at 12:25:53

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No. 2 is the only complainant/victim. He further states that the charge-sheet has already been filed. It is also submitted that the child born out of the wedlock is in the custody of the petitioner No.1/husband.

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Learned counsel for the petitioners submits that the parties have settled their disputes before the Counsellor, Family Court, North District, Rohini Courts, Delhi vide settlement dated 05.07.2024. In terms of the said settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 01.08.2024, passed by the Family Court, North District, Rohini Courts, Delhi in HMA No. 1234/2024. It was agreed that a sum of Rs.12,50,000/- shall be paid by the petitioner No. 1 to the respondent No. 2 as full and final settlement, towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.12,50,000/-, balance amount of Rs.4,50,000/- is being paid today through a demand draft bearing number 515516 drawn on ICICI Bank, Connaught Place, New Delhi.

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Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by the I.O./ WSI Shipra, PS Cyber Cell and SI Prem, PS K.N. Katju Marg, Delhi.

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Respondent No.2 states that she has settled her disputes with the petitioner No.1 out of her own free will, volition and without any coercion. She also acknowledges the receipt of the entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners, subject to the encashment of the demand draft of Rs.4,50,000/- handed over to her today.

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

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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 28/08/2024 at 12:25:53

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

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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, subject to encashment of aforesaid demand draft of Rs.4,50,000/-. 10. With the above directions, the petition is disposed of alongwith miscellaneous application.

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MANOJ KUMAR OHRI, J

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AUGUST 23, 2024/ rd

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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 28/08/2024 at 12:25:53

Sunil Kumar & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

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Sunil Kumar & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

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