Delhi High Court - Orders
Hitesh Kumar vs The State & Anr on 9 September, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2114/2021
HITESH KUMAR ..... Petitioner
Through: Ms. Archna Kumari, Advocate.
Petitioner in-person.
versus
THE STATE & ANR. ..... Respondent
Through: Ms. Aashaa Tiwari, APP for State
with SI Nikita, PS Uttam Nagar.
Mr. Amresh Kumar, Advocate for R-
2 with R-2 in-person alongwith Father
of R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 09.09.2021 (Through Physical Hearing) CRL.M.A. 14236/2021 (Exemption) Exemption allowed, subject to all just exceptions. The application is disposed of.
CRL.M.C. 2114/2021The petitioner vide the present petition seeks quashing of the FIR No.477/2016, under Sections 354D/506/509 of the of the Indian Penal Code, 1860 submitting inter alia to the effect that a settlement has since been arrived at between the parties vide the settlement deed dated 12.02.2020 and as the respondent No.2 is also likely to be married soon, she seeks the quashing of the FIR in question for her future life and that the respondent Signature No.2 and the petitioner have no grievances against each other. Inter alia, it Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.
is averred through the petition that the respondent No.2 has also submitted her affidavit of no objection for the quashing of the FIR in question.
The deputed Investigating Officer of the case is present and has identified the petitioner present in Court today as being the sole accused arrayed in the FIR in question and has also identified the respondent No.2 present in the Court today as being the complainant thereof.
The respondent No.2 in her deposition on oath in replies to specific Court queries has affirmed the factum of a settlement arrived at between her and the petitioner vide the settlement deed dated 12.02.2020 and affirms having signed the no objection affidavit annexed to the petition as Annexure P/3 (Colly) voluntarily of her own accord without any duress, pressure or coercion from any quarter. She has also stated that she is likely to be married soon and also stated that the petitioner has since apologised to her and has stated that he would not repeat any acts for which the FIR was registered. She further stated that she has done M.A. and is working as a teacher. She has further stated that she has understood the implications of the statement made by her, which she has made voluntarily of her own accord without any duress, pressure or coercion from any quarter.
The petitioner, through his statement recorded on oath, has stated that he undertakes to ensure that there would be no misbehaviour on his side qua the respondent No.2. He also stated that he had not committed any misbehaviour before and undertakes not to misbehave with respondent No.2 at any time. Through his statement made on oath, he stated the he has also shifted from his previous residence where he was a neighbour of the respondent No.2 and stated that he now lives at a distance of 40-45 Kms from the residence of the respondent No.2 and that he had so shifted two or Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.
three months after the registration of the FIR in question.
On a consideration of the averments made in the petition, the depositions of the petitioner and the respondent No.2, the identification of the petitioner and the respondent No.2 by the deputed Investigating Officer, and as the respondent No.2 is likely to be married and wants to pursue her future married life peacefully coupled with the statement of the petitioner that he will not commit any misbehaviour with the respondent No.2 and that he now lives at the distance of 40-45 Kms away from the respondent No.2, coupled also with the statement of the respondent No.2 that the petitioner has since apologised to her which he has also now done through his statement made before this Court, coupled with the non opposition on behalf of the State with the prayer made by the petitioner seeking the quashing of the FIR No.477/2016, under Sections 354D/506/509 of the of the Indian Penal Code, 1860, it is considered appropriate to put a quietus to the litigation between the parties qua the FIR in question for the maintenance of peace and harmony between them and thus FIR No.477/2016, under Sections 354D/506/509 of the of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are thus quashed against the petitioner.
The petition is disposed of.
ANU MALHOTRA, J SEPTEMBER 9, 2021 ha Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 12 CRL.M.C. 2114/2021 HITESH KUMAR Vs. STATE OF DELHI & ANR 09.09.2021 CW-1 SI Nikita, PS Uttam Nagar I have been deputed by the SHO of the PS Uttam Nagar to substitute for the Investigating Officer in the FIR No.477/2016, under Sections 354D/506/509 of the of the Indian Penal Code, 1860.
I identify the petitioner Mr. Hitesh Kumar as being the sole accused arrayed in the FIR No.477/2016, under Sections 354D/506/509 of the of the Indian Penal Code, 1860.
I also identify the respondent no.2 Ms. Rinki Rana, present during the Court, as being the complainant of the said FIR.
ANU MALHOTRA, J RO & AC 09.09.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 12 CRL.M.C. 2114/2021 HITESH KUMAR Vs. STATE OF DELHI & ANR 09.09.2021 CW-2 Ms. Rinki Rana, d/o Mr. Virendra Kumar Rana, age 29 years, r/o L-2/B-6, Mohan Garden, Uttam Nagar, New Delhi On S.A. The settlement deed dated 12.02.2020 bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
The petitioner has since apologised to me, I seek that the FIR No.477/2016, under Sections 354D/506/509 of the Indian Penal Code, 1860 against the petitioner be quashed. I do not want the petitioner to be punished in relation thereto. I have made this statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.
Furthermore, there are talks of my marriage in progress and I do not want to pursue the proceedings of the FIR in question any further.
Furthermore, the petitioner has also shifted his residence after two or three months after the registration of the FIR in question.
My affidavit dated 18.08.2021 bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
I have done M.A. I have been working as a teacher. I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.
coercion from any quarter.
ANU MALHOTRA, J RO & AC 09.09.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 12 CRL.M.C. 2114/2021 HITESH KUMAR Vs. STATE OF DELHI & ANR 09.09.2021 CW-3 Mr. Hitesh Kumar, s/o Mr. Jasbir Singh, age 36 years, r/o House No.115/8, Babs Haridas, Geetanjali Enclave, Jharoda Kalan, Delhi On S.A. I have since apologised to respondent No.2 and I am apologising to her again now and I undertake not to misbehave with respondent No.2 in any manner. I have shifted from my previous residence and I now live at the distance of 40-45 Kms from the residence of the respondent No.2. I have shifted from my previous residence two or three months after the registration of the FIR No.477/2016, under Sections 354D/506/509 of the Indian Penal Code, 1860.
ANU MALHOTRA, J RO & AC 09.09.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.09.2021 15:39:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.