Allowed

Umesh Kumar v. the State NCT of Delhi and Anr.

Delhi HC11 Sept 2024CRL.M.C./7204/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition for quashing of an FIR under Section 67 of the IT Act and Sections 498A, 406, and 34 of the IPC. Following a settlement between the petitioner and his wife, the Court held that conviction chances were remote and proceedings were a misuse of process.

What did the court decide?

FIR No.504/2021 and all proceedings therefrom are quashed qua the petitioner.

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

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7204/2024

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UMESH KUMAR .....Petitioner

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Through: Ms. Ananya Marwah & Mr. Archit Pandey, Advocates with petitioner in person

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents

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Through: Mr. Hitesh Vali, APP for State Insp. Krishan Gopal, PS Farsh Bazar Respondent No.2/complainant in person

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 11.09.2024

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This petition seeks quashing of FIR No.504/2021 registered at P.S. Farsh Bazar, Delhi under Section 67 of the IT Act and under Sections 498A/406/34 of IPC qua the petitioner basis settlement arrived at between the parties dated 31^st August 2024, which is on record of this Court.

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Petitioner and respondent no.2/complainant are present in Court and are duly identified by the IO and the counsel.

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Respondent no.2, who is wife of petitioner, states that she has amicably resolved her disputes with her petitioner-husband and has no objection to quashing of FIR qua him.

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APP for the State submits that there is another accused namely Arti Paliwal who has been arrayed, but there is no settlement qua her. This aspect is confirmed by respondent no.2.

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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 13/09/2024 at 12:18:25

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Accordingly, considering the above settlement between the Petitioner and respondent no.2 and the chances of conviction of the petitioner 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.504/2021 registered at P.S. Farsh Bazar, Delhi under Section 67 of the IT Act and under Sections 498A/406/34 of IPC and proceedings emanating therefrom are quashed qua the present petitioner. 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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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 11, 2024/sm

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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 13/09/2024 at 12:18:25

Umesh Kumar v. the State NCT of Delhi and Anr.

Case brief

What is this about?

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Umesh Kumar v. the State NCT of Delhi and Anr.

Case brief

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