Disposed

Jitender Kumar & Ors. v. the State NCT of Delhi and Anr.

Delhi HC20 Sept 2024CRL.M.C./7447/2024

Case brief

AI extract

What is this about?

Matrimonial dispute settled via mediation: husband paid Rs.2,80,000 in full settlement including maintenance, dowry and stridhan claims; wife confirmed receipt and withdrew execution petitions. Court held no purpose served in continuing the FIR and quashed it along with all consequential trial proceedings.

What did the court decide?

FIR No.580/2015 (sections 498A/406 IPC, P.S. Uttam Nagar) and consequential proceedings quashed; petition disposed of.

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

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$~SB-5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7447/2024

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JITENDER KUMAR & ORS. .....Petitioners Through: Mr. Vikas Singh, Advocate alongwith petitioners in person.

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Mukesh Kumar, APP for the State with SI Jitender Kumar, P.S. Uttam Nagar. Mr. Surendra Singh Bhaduria, Advocate for complainant/R-2 alongwith R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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CRL.M.A. 28435/2024 (Exemption)

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Exemption is allowed subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 7447/2024

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This is a petition under section 528 of BNSS, 2023 seeking quashing of the FIR No.580/2015 dated 24.04.2015 registered under sections 498A/406 of the IPC, 1860 with P.S. Uttam Nagar and the consequent proceedings arising therefrom.

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Learned counsel for the parties submit that under the aegis of the Mediation Centre at Dwarka Courts, the dispute between the parties has been amicably resolved and the same has been recorded in writing vide the report

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CRL.M.C. 7447/2024

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Page 1 of 3

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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 30/09/2024 at 11:54:04

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dated 23^rd January, 2024. The same is placed on record as Annexure-P2 at page 29, and is taken on record.

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Learned counsel for the parties state that the according to the terms of settlement, the petitioner no.1-husband is to pay a total sum of Rs.2,80,000/to the respondent no.2/wife as full and final settlement of all her claims, including maintenance, dowry, stridhan, permanent alimony etc. The said amount was to be paid in four instalments of Rs.70,000/- each. It is stated that Rs.2,10,000/- are already paid to respondent no.2. The fourth instalment of Rs.70,000/- is being tendered to respondent no.2 in Court today vide a Demand Draft bearing no.076043 dated 12^th September, 2024 drawn on Bank of Baroda, Gurgaon, the photocopy of which is taken on record. The same is tendered to respondent no.2, who affirms the said receipt. Respondent no.2, who is represented through a counsel also confirms and affirms the receipt of Rs.2,10,000/- as noted in the Settlement Report.

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Learned counsel for the petitioner also states that respondent no.2 has already withdrawn the two Execution Petitions which were pending in the learned Trial Court. 7. It is also stated that there are no issues born from the marriage between the parties. Respondent no.2 states that she has received a sum of Rs.2,10,000/- earlier and has received the Demand Draft of Rs.70,000/-, as noted above today in the Court. She states that she has no further claims against the petitioner no.1-husband or his family members and is satisfied with the terms of the Settlement Report. This Court has perused the terms of settlement which appears to be lawful.

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The Investigating Officer, who is present in Court, has identified all the parties.

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CRL.M.C. 7447/2024

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Page 2 of 3

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In view of the above, this Court is satisfied that no purpose would be served in continuing with the FIR No.580/2015 dated 24.04.2015 registered under sections 498A/406 of the IPC, 1860 with P.S. Uttam Nagar and the further criminal proceedings emanating therefrom pending before the learned Trial Court.

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In view of the above, FIR No.580/2015 dated 24.04.2015 registered under sections 498A/406 of the IPC, 1860 with P.S. Uttam Nagar and all consequential proceedings emanating therefrom are hereby quashed.

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The petition stands disposed of.

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TUSHAR RAO GEDELA, J

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SEPTEMBER 20, 2024 kct

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CRL.M.C. 7447/2024

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Page 3 of 3

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Jitender Kumar & Ors. v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Jitender Kumar & Ors. v. the State NCT of Delhi and Anr.

Case brief

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What the court decided

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