Delhi High Court - Orders
Lokender Kumar Singh & Anr vs State & Anr on 6 October, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7253/2023
LOKENDER KUMAR SINGH & ANR. ..... Petitioners
Through: Mr. Pradeep Kr. Arya, Mr. Aditya Kr.
Yadav, Mr. Gaurav Chaudhary, Mr.
Pulkit Chadha, Ms. Deepika Narwal,
Advocates
versus
STATE & ANR. ..... Respondents
Through: Mr. Pradeep Gahalot, APP for State
with SI Ravi Beniwal, ASI Fiyaz
Ahmed, P.S. Govindpuri
Mr. Ganga Singh, Advocate for R-2
R-2 in person
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 06.10.2023
[Through Hybrid Mode]
1. The present petition is filed under section 482 Cr.P.C. read with Article 227 of Constitution for quashing of FIR bearing no.0314/2019 registered under sections 506/509 IPC at P.S. Govind Puri along with consequential judicial proceedings stated to be pending in the court of Ms. Tarun Preet Kaur, MM (Mahila Court), Saket Courts, Delhi/successor court.
2. Issue notice.
3. Mr. Pradeep Gahalot, Additional Public Prosecutor assisted by Investigating Officer, SI Ravi Beniwal, P.S. Govindpuri accepts notice on behalf of the respondent no.1/State. The respondent no.2 is present in person along with counsel and accepts notice.
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 10/10/2023 at 21:29:46
4. FIR bearing no. 0314/2019 was got registered under sections 506/509 IPC at P.S. Govind Puri on the basis of the complaint made by the respondent no.2 on the allegations as mentioned in the FIR. During the investigation, the statement of the respondent no.2 was also recorded under section 164 Cr.P.C. After conclusion of the investigation, the charge-sheet was filed for the offences punishable under sections354/506/509/34 IPC wherein the petitioners were implicated. The petitioners and the respondent no.2 are identified by the Investigating Officer, SI Ravi Beniwal, P.S. Govindpuri as well as by the respective counsel. The trial is stated to be pending in the court of Ms. Tarun Preet Kaur, MM (Mahila Court), Saket Courts, Delhi/successor court.
5. The counsel for the petitioners stated that the petitioners and the respondent no.2 are the members of the same family and have settled their pending disputes amicably including the disputes pertaining to the properties. The respondent no.2 has also submitted an affidavit wherein she stated that she does not have any objection, if the present petition is allowed and FIR bearing no. 0314/2019 registered under sections 506/509 IPC at P.S. Govind Puri is quashed along with consequential proceedings.
6. The respondent no.2 also stated that she has settled all pending disputes with the petitioners amicably out of her own free will without any force, fear and coercion and she does not have any objection if the present petition is allowed and FIR bearing no. 0314/2019 registered under sections 506/509 IPC at P.S. Govind Puri along with consequential judicial proceedings is quashed.
7. The Additional Public Prosecutor opposed the present petition by stating that the allegations as made by the respondent no.2 in the statement 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 10/10/2023 at 21:29:47 under section 164 Cr.P.C. are serious in nature and as such the present petition be dismissed.
8. The petitioners and the respondent no.2 are the members of the same family and have already settled their pending disputes including the disputes pertaining to the properties. The respondent no.2 has already submitted an affidavit wherein she deposed that she does not have any objection if the present petition is allowed and FIR bearing no. 0314/2019 registered under sections 506/509 IPC at P.S. Govind Puri along with consequential judicial proceedings is allowed to be quashed.
9. After considering all facts, the present petition is allowed and FIR bearing no. 0314/2019 registered under sections 506/509 IPC at P.S. Govind Puri along with consequential judicial proceedings under sections 354/506/509/34 IPC stated to be pending in the court of Ms. Tarun Preet Kaur, MM (Mahila Court), Saket Courts, Delhi/successor court is quashed subject to the payment of cost of Rs.10,000/- by each of the petitioners as well as the respondent no.2 to be deposited into the Armed Forces Battle Casualties Welfare Fund, Canara Bank, A/c No. 90552010165915 within 15 days from today and the receipt thereof be placed on record within 07 days thereafter.
10. The present petition stands disposed of.
DR. SUDHIR KUMAR JAIN, J OCTOBER 6, 2023/j/am 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 10/10/2023 at 21:29:47