Delhi High Court - Orders
Yamini Gautam vs State Of Nct Of Delhi on 20 July, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 598/2022
YAMINI GAUTAM ..... Petitioner
Through: Mr Vinay Kumar Sharma and Mr
Prince Sharma, Advs.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr Yasir Rauf Ansari, ASC with Mr
Kamil Khan, Adv. for R-1/State
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 20.07.2022
1. This is a petition seeking quashing of FIR No. 76/2020 dated 05.04.2020, under Section 188 IPC, registered at Police Station - Anand Parbat, District Central and proceedings emanating therefrom.
2. As per the FIR, the petitioner, who is an Airhostess with Air India was required to be in quarantine at her residence as she had returned from an international flight from San Francisco on 21.03.2020.
3. As per the FIR, verification was done on 02.04.2020 wherein her residence was found locked and she was not present at her residence. It is submitted by Mr Sharma, learned counsel for the petitioner that the petitioner has another address at Dwarka, Delhi and the petitioner was there when not on flight.
4. It is stated by Mr Sharma that notification No. 4/1/2020-IR dated 23.03.2020 was issued by the Office of the Director General of Civil Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:21.07.2022 18:51:39 Aviation wherein the crew members for international flights landing at Indian airports had to follow protocol which are reproduced below:
"a) The crew has to fill the Self-Declaration Forms, similar to passengers.
b) The crew needs to present the Self-Declaration Forms to the Health Authorities and clear the Health Screening at the respective Airports.
c) If a crew arrives in India, with symptoms, the crew has to declare the same to the Airport Health Officials (APHO) and follow the isolation protocols as directed by the APHO.
d) During the stay in India, if the crew develops any signs/symptoms of COVID-19, they should immediately inform APHO for isolation and testing. The airlines should take the responsibility of monitoring the health of the crew members during their stay at India.
e) If a laboratory positive case of COVID 19 is found in a flight, the entire crew has to be de-rostered for minimum 14 days. The crew need to follow home-isolation during the time at their own country. "
5. The petitioner was scrupulously following the protocol and as per the flight roster, she was assigned duties which she had to perform. It is only in this view of the matter, that she was not available on the date of inspection.
6. I have heard Mr Yasir Rauf Ansari, learned ASC for the State as well as Mr Vinay Kumar Sharma, learned counsel for the petitioner.
7. I am of the view that the petitioner being an Airhostess is governed by the notification No. 4/1/2020-IR dated 23.03.2020 issued by the Office of Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:21.07.2022 18:51:39 the Director General of Civil Aviation which she had been following. She was required to be on duty on 02.04.2020 and it is for this reason that she was not available at the time of verification by the respondent. Mr Sharma further states that the petitioner had no COVID symptoms and was performing duty with the Airlines.
8. In my opinion although the petitioner had no intention to flout the notification and only missed her verification because she was required to be on duty. However, she should have informed the police station regarding the same. Her acts of commission and omission has put the entire police machinery under stress. Not only has the useful time of police been invested but also the State resources have been unnecessarily overburdened. Hence the petitioner must do some social good for the benefit of the society.
9. For the aforesaid reasons, FIR No. 76/2020 dated 05.04.2020, under Section 188 IPC, registered at Police Station - Anand Parbat, District:
Central and proceedings pursuant thereto, if any, are hereby quashed, subject to the petitioner giving four kgs of chocolate to GOVT. BOYS SR. SEC SCHOOL (FOR BLINDS), Sewa Kutir Complex, Near BBM Depot, GTB Nagar, Delhi, 110009, to celebrate the Independence Day, on the last working day before 15th August, 2022.
9. The petition is disposed of accordingly.
JASMEET SINGH, J JULY 20, 2022 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:21.07.2022 18:51:39