Allowed

Neelesh Kumar and Ors. v. State (Gnct of Delhi) and Anr.

Delhi HC27 Aug 2024CRL.M.C./6661/2024

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a petition to quash an FIR registered under Sections 498A/406/34 IPC. The quashing was based on a past settlement wherein the petitioner deposited a significant sum and the subsequent divorce between the parties. The Court found conviction chances remote and proceedings a misuse of process.

What did the court decide?

FIR No.199/2023 and all proceedings therefrom are quashed. Parties are directed to abide by the terms of the settlement.

Neelesh Kumar and Ors. Vs State (Gnct of Delhi) and Anr. — Domestic Violence | Delhi HC (2024)

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$~68

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6661/2024 CRL.M.A. 25417/2024

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NEELESH KUMAR AND ORS .....Petitioner

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Through: Mr. Shubham Jain, Adv.

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versus

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STATE (GNCT OF DELHI) AND ANR .....Respondent Through: Mr. Hitesh Vali, APP for the State with ASI Mukesh Chand, PS Palam Village.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 27.08.2024

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This petition has been filed seeking quashing of FIR No.199/2023, under Sections 498A/406/34 IPC, P.S. Palam Village on the basis of settlement arrived at between the parties dated 05^th March, 2024, which is on record of this Court.

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Petitioner Nos.1-3 and respondent No./complainant are present in Court and duly identified by the IO and petitioner No.4 is present through VC and also duly identified by the IO.

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As per the settlement, an outstanding balance amount of Rs.7,50,000/is tendered vide DD No. 624358 drawn on State Bank of India to respondent No.2 who received it in Court and duly acknowledges the same.

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The marriage of petitioner No.1 and respondent No.2 has culminated in a divorce by decree dated 29^th July, 2024. One male child was born out of

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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 29/08/2024 at 12:24:40

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.199/2023, under Sections 498A/406/34 IPC, P.S. Palam Village and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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It is however made clear that the said settlement will not affect the

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rights of the minor child in future.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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AUGUST 27, 2024/MK

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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 29/08/2024 at 12:24:40

Neelesh Kumar and Ors. v. State (Gnct of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

Neelesh Kumar and Ors. v. State (Gnct of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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