Allowed

Jatin Talwar & Ors. v. State of NCT of Delhi & Anr.

Delhi HC4 Jan 2024CRL.M.C./75/2024

Case brief

AI extract

What is this about?

High Court of Delhi quashed an FIR under IPC 498A/406/34 after the petitioners paid the final settlement amount and the respondent confirmed voluntary settlement and divorce, finding no coercion.

What did the court decide?

FIR bearing no. 38/2020 registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 IPC and all consequential proceedings are quashed.

Jatin Talwar & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 75/2024

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JATIN TALWAR & ORS. ..... Petitioners

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Through: Mr. Manoj Kumar Sharma and Mr. Praveen Thukral, Advocates alongwith petitioners in person

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with SI Pawan Kumar, P.S. Gandhi Nagar, Delhi Respondent no. 2 in person

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R

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% 04.01.2024

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CRL.M.A. 304/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 75/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of the petitioners seeking quashing of FIR bearing no. 38/2020 registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code and all consequential proceedings emanating therefrom.

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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 06/05/2024 at 15:15:44

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

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Petitioners are present before this Court and have been identified by their counsel Mr. Manoj Kumar Sharma and Investigating Officer (IO) SI Pawan Kumar from Police Station Gandhi Nagar, Delhi.

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Brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 22.09.2018 as per Hindu rites and ceremonies. It is stated that no child was born out of the said wedlock. It is stated that due to certain matrimonial discords and differences, both the parties started living separately from each other since 24.12.2018. On the complaint of respondent no. 2, the present FIR bearing no. 38/2020 was registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of IPC against the petitioners. After completion of investigation, the chargesheet was filed before the concerned Court. It is stated that the entire dispute has been amicably settled between the parties before the Delhi Mediation Centre, Karkardooma, Delhi vide Settlement Deed dated 22.03.203 and both the parties have obtained decree of divorce dated 08.11.2023 by mutual consent from the concerned Court.

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On a 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 between the parties before the Delhi Mediation Centre, Karkardooma, Delhi vide Settlement Deed dated 22.03.203 and that they have obtained decree of divorce by mutual consent from the concerned Court.

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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 06/05/2024 at 15:15:44

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members.

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The petitioner no. 1 had paid a sum of Rs. 19,00,000/- in three installments in the following manner:

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a. First installment of Rs. 3,00,000/- paid to respondent no. 2 at the time of recording of statement in the first motion petition under Section 13B(1) of Hindu Marriage Act.

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b. Second installment of Rs. 4,00,000/- paid to respondent no. 2 at the time of recording of statement in the second motion petition under Section 13B(2) of Hindu Marriage Act.

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c. Third/Final instalment of Rs.12,00,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.

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Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 12,00,000/- today, i.e., 04.01.2024 vide DD No. 466858 dated 03.01.2024 drawn on IndusInd Bank, Krishna Nagar, New Delhi, and has no objection if the FIR is quashed. 11. 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. 38/2020 registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of

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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 06/05/2024 at 15:15:44

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the IPC and all consequential proceedings emanating therefrom are quashed.

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In view of above, the present petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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JANUARY 4, 2024/ns

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Click here to check corrigendum, if any

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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 06/05/2024 at 15:15:44

Jatin Talwar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Jatin Talwar & Ors. v. State of NCT of Delhi & Anr.

Case brief

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What did the court decide?

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