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This is an archive article published on February 21, 2012

Dowry case against NRI quashed for Rs 10 lakh

Allowing settlement of a dowry harassment case on payment of over Rs 10 lakh to the wife by her divorced non-resident Indian (NRI) husband,the Delhi High Court has quashed the FIR against the man.

Allowing settlement of a dowry harassment case on payment of over Rs 10 lakh to the wife by her divorced non-resident Indian (NRI) husband,the Delhi High Court has quashed the FIR against the man.

The court quashed the FIR on a petition by the woman’s Australia-based divorced husband and his family members.

The court passed the orders after woman’s counsel also urged the court to quash it,saying she has settled all the issues connected with the case and did not wish to pursue it.

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“She has no objection if the FIR is quashed,” he said.

The counsel also told the court that the marriage between the man and woman has already been dissolved by a decree of divorce in October 2011 by a lower court in Delhi.

The couple had reached the settlement before filing of the chargesheet in the case by the Nanak Pura police here in the matter,the counsel said.

“The matter has amicably been settled between them for a total sum of Rs 10.60 lakh,to be paid by the man to his wife,” he said adding as per the settlement,she has also withdrawn all her complaints filed with the Australian High Commission and other authorities.

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The local police had registered the case in 2009 on a complaint by the woman against her husband and his family members under Sections 498A (a woman’s husband or his relative subjecting her to cruelty) and 406 (criminal breach of trust) of the Indian Penal Code.

The high court,however imposed a cost of Rs one lakh on the man for using the resources of the state and consuming the precious time of the trial court.

The court imposed the cost after the prosecution counsel urged it to penalise the petitioners for using resources of the state and consuming the valuable time of the courts since the time when FIR was lodged against the petitioners.

“In the interest of justice,I deem it appropriate to impose a cost of Rs one lakh upon the petitioners to be paid in favour of Principal,Senior Secondary School for Blind Boys,Kingsway Camp,Delhi,within four weeks from today and proof thereof shall be placed on the record by petitioners,” Justice Suresh Kait said while quashing the FIR lodged against an NRI and his family members.

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