Quashed

Sh. Ketan Kumar & Ors. v. State Govt. of NCT of Delhi & Anr.

Delhi HC18 Sept 2024CRL.M.C./7361/2024

Case brief

AI extract

What is this about?

The High Court quashed the FIR and proceedings arising from offences under Sections 498A/323/406/34 IPC after the husband and wife amicably settled their disputes, confirmed their voluntary consent and cohabitation, and the wife raised no objection to the quashing.

What did the court decide?

Quashing of FIR No. 0493/2021 and consequential proceedings under Sections 498A/323/406/34 IPC.

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

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$~69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7361/2024

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SH. KETAN KUMAR & ORS. .....Petitioners

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Through: Mr. Ravinder Kumar, Adv.

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versus

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STATE GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP for the State with IO in person

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 18.09.2024

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CRL.M.A. 28092/2024(Exemption)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of. CRL.M.C. 7361/2024

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The Petition under 528 of BNSS, 2023 has been filed on behalf of the petitioner, seeking quashing of the FIR No. 0493/2021 for the offences under Section 498A/323/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC, 1860’) registered at Police Station Gandhi Nagar.

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Issue notice.

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Learned APP appearing on advance notice, accepts notice on behalf of the State.

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Brief facts of the case are that the marriage was solemnized between petitioner No. 1/husband and respondent No. 2/wife on 21.01.2011 according to the Hindu rites and ceremonies and two children were born out of the said wedlock.

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7. It is stated that the petitioner No. 1 and the respondent No. 2 have

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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 02/07/2025 at 11:04:37

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amicably settled all the disputes and differences between them vide Settlement Deed dated 12.07.2024 before the Counselling Cell and agreed to reside happily together and since then they have been living together.

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The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 9. The present petition has been signed by the petitioner and is supported by the affidavits of the parties. The parties are living together happily and without any pressure and coercion. 10. Today, the respondent No. 2/wife, who is present in the Court, states that she has no objection if the FIR is quashed. 11. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 12. Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR No. 0493/2021 for the offences under Section 498A/323/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC, 1860’) registered at Police Station Gandhi Nagar and all consequential proceedings emanating therefrom are quashed.

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The Petition stands disposed of.

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NEENA BANSAL KRISHNA, J

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SEPTEMBER 18, 2024/PT

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Sh. Ketan Kumar & Ors. v. State Govt. of NCT of Delhi & Anr.

Case brief

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Sh. Ketan Kumar & Ors. v. State Govt. of NCT of Delhi & Anr.

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