Allowed

Pragyaveer Kumar & Anr. v. the State NCT of Delhi through SHO Ps SECTOR-23, Dwarka & Anr.

Delhi HC4 Oct 2024CRL.M.C./7819/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered under Section 31 of the Domestic Violence Act, 2005. The court found the parties had amicably settled their disputes via a compromise supported by a financial settlement and return of matrimonial property. With no objection from the complainant and voluntary settlement evident, the court held no useful purpose would be served by continuing proceedings

What did the court decide?

The FIR bearing No. 311/2023 and all consequential proceedings were quashed and the petition disposed of.

Pragyaveer Kumar & Anr. Vs the State NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2024)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7819/2024

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PRAGYAVEER KUMAR & ANR. .....Petitioners

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Through: Petitioners with their counsel Mr. Girish Kumar, Adv.

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versus

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THE STATE NCT OF DELHI THROUGH SHO PS SECTOR-23, DWARKA & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State along with SI Mamta, P.S. Dwarka, Sector-23. R-2 in person.

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CORAM:

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HON’BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 04.10.2024

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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 praying for quashing of FIR bearing No. 311/2023 registered at Police Station Sector23, Dwarka, New Delhi for offences punishable under Sections 31 of Domestic Violence Act, 2005.

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Notice. Ms. Kiran Bairwa, learned APP accepts notice on behalf of the State. R-2 is also present in person.

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Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnised on 22.02.2029. On 27.09.2023, an FIR was lodged on the complaint of respondent no. 2. Subsequently, with the intervention of the family members and relatives, the parties have amicably

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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 09/10/2024 at 16:38:01

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settled their disputes on 16.04.2024 and decided to quash the FIR.

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The petitioners as well as respondent no. 2 are present before this Court and have been identified by counsel Mr. Girish Kumar and Investigating Officer („IO‟) SI Mamta from Police Station Dwarka, Sector23, Delhi.

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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.

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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. It is also stated that in terms of the above settlement, petitioner no. 1 shall pay an amount of ₹35 lacs to the complainant in full and final settlement of her claim, out of which ₹30 lacs already stand paid and the balance sum of ₹5 lacs has been handed over to the complainant today in Court vide Demand Draft No.723679 dated 25.09.2024. As per the terms of the compromise, the complainant was also required to hand over the keys of the matrimonial home, which have been handed over to petitioner no. 1 husband today in Court.

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Today, the complainant who is present in Court states that she has received all amounts due to her, and has no objection if the FIR is quashed. 8. 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, I am of the opinion that no useful purpose will be served by continuing the proceedings, rather the same

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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 09/10/2024 at 16:38:01

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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. Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 311/2023 registered at Police Station Sector-23, Dwarka, New Delhi for offences punishable under Sections 31 of Domestic Violence Act, 2005 and all consequential proceedings emanating therefrom are quashed.

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The 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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OCTOBER 4, 2024 A

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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 09/10/2024 at 16:38:01

Pragyaveer Kumar & Anr. v. the State NCT of Delhi through SHO Ps SECTOR-23, Dwarka & Anr.

Case brief

What is this about?

What did the court decide?

Pragyaveer Kumar & Anr. v. the State NCT of Delhi through SHO Ps SECTOR-23, Dwarka & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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