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High Court of DelhiCRL.REV.P./965/2024

Parul And ORS v. The State Govt Of NCT Of Delhi)

2024-07-30Hon'Ble Mr. Justice Anish Dayal2 pages

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 965/2024, CRL.M.A. 22226/2024 & CRL.M.A. 22227/2024 PARUL AND ORS .....Petitioners Through:

Ms. Sonal Singh Godara & Mr. Sagar Panghal, Advocates versus THE STATE GOVT OF NCT OF DELHI) .....Respondent Through:

Mr. Amit Ahlawat, APP for the State with Ms. Aishwarya Segal, Mr. Bharat Rajput, Ms. Bhashui Saxena, Mr. Bhuvan Anand, Mr.

Dhruv Saini, Mr. Harsh Tomar, Ms.

Janhvi Nautiyal Mr. Prince Chaudhary Mr. Prithvi Raj Singh Ms. Rachel Mangla Mr. Rohiit Lakra Insp. Sushila & SI Mahendra, PS Narela.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 30.07.2024 CRL.M.A.-22229/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.A.-22228/2024 (Delay) 1.

For the reasons stated in the application, the same is allowed and delay of 140 days' stands condoned.

2.

Application stands disposed of.

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 12:49:44

CRL.REV.P. 965/2024 1.

This petition is filed assailing order dated 25th November 2023 passed by Additional Sessions Judge, North District, Rohini Court in SC No.04/2023. By the said order, charges have been framed under Sections 304B/34 IPC basis FIR No. 394/2022 PS Narela against the petitioners. 2.

The issue arose out of death of one Poonam on 7th August 2022. Allegedly she committed suicide at her parental home. 3.

She was married to the petitioner no.1 on 30th November 2021. As per the statement of father of the deceased recorded on 8th August 2022, he stated that there were dowry demands from the petitioner and his family, as a result of which his daughter started living at her parental home since 19th April 2021.

4.

Counsel for petitioner states that the impugned order does not take into account the fact that there was no proximate temporal connection between the deceased having left her matrimonial home in April 2021 and her death in August 2022 at her parental home. 5.

A perusal of the impugned order would show that it focused on the issue of sister-in-law Deepika's role in the matter rather than referring to the material on record in relation to all other accused. As regards Deepika, this Court on 12th December 2023 has stayed operation of the impugned order. 6.

Matter is accordingly remanded back to the Trial Court to re-hear the parties and reconsider the issue on charge, including the pleas canvassed by petitioners, as noted above.

7.

Order be passed based on fresh consideration on merits of the matter. 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 30, 2024/sm 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 12:49:44