Allowed

Jai Karan & Ors. v. the State Govt. of NCT of Delhi & Anr.

Delhi HC1 May 2024CRL.M.C./702/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered under IPC Sections 498A, 406, 34 and Dowry Prohibition Act Section 4. The petitioners filed under Section 482 CrPC. Both parties had settled the dispute amicably; the wife voluntarily confirmed the settlement and requested quashing.

What did the court decide?

FIR no. 76/2017 registered at Police Station Mandir Marg and all consequential proceedings were quashed.

Jai Karan & Ors. Vs the State Govt. of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 702/2024

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JAI KARAN & ORS. ..... Petitioners

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Through: Mr. Pranav Yadav, Advocate

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versus

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THE STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Satish Kumar, APP for the State with Mr. Chaman Prakash, Mr. Amit Chaudhary, Mr. Ashok Kr. Shukla and Mr. Lalit Kumar, Advocates and SI Vikas Chand, P.S. Mandir Marg.

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CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 01.05.2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing no. 76/2017, registered at Police Station Mandir Marg, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom.

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Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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All petitioners are present before this Court and have been identified by their counsel Mr. Pranav Yadav and Investigating Officer (IO) SI Vikas

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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 03/05/2024 at 12:50:28

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Chand, Police Station, P.S. Mandir Marg, Delhi.

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Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized in the year 2002 as per Hindu rites and Ceremonies. It is stated that two girls and two boys were born out of the said wedlock. On the complaint of respondent no. 2, the present FIR bearing no. 76/2017 was registered at Police Station Mandir Marg, Delhi against the petitioners for offences punishable under Sections 498A/406/34 of IPC and Section 4 of Dowry Prohibition Act. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Settlement Agreement dated 16.01.2024.

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On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them and they have been living together for the last six months along with the minor children. Respondent no. 2 further stated that she has no objection if FIR may be quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 76/2017, registered at Police Station Mandir Marg, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961

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and all consequential proceedings emanating therefrom are quashed.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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MAY 1, 2024/zp

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Click here to check corrigendum, if any

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Jai Karan & Ors. v. the State Govt. of NCT of Delhi & Anr.

Case brief

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Jai Karan & Ors. v. the State Govt. of NCT of Delhi & Anr.

Case brief

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