Delhi High Court - Orders
Hari Chand vs The State (Govt. Of Nct Of Delhi) & Anr on 20 December, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3374/2021 and Crl.M.A. No.20453/2021
HARI CHAND ..... Petitioner
Through: Mr.Vijender Kumar, Advocate with
petitioner in person.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents
Through: Ms.Manjeet Arya, APP for State with
SI Brahmo Devi
Respondent No.2 in person with
Counsel Ms.___, Advocate
(Appearance not given)
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 20.12.2021 Crl.M.A. No.20453/2021 Exemption allowed, subject to just exceptions.
Crl.M.C. No. 3374/2021Vide the present petition, the petitioner seeks quashing of the FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860 and the consequential charge sheet filed in relation to thereto submitting to the effect that with the intervention of relatives, common friends and well-wishers, the matter has been settled between the petitioner and the respondent No.2 and that the respondent No.2 does not have any opposition to the quashing of the FIR in question and the consequential chargesheet.
The deputed Investigating Officer of the case has identified the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.12.2021 12:29:23 This file is digitally signed by PS to HMJ ANU MALHOTRA.
petitioner as per the accused arrayed in relation to FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860 and has identified the respondent No.2 as being the complainant thereof.
The respondent No.2 Ms.B in her deposition on oath, in replies to specific Court queries affirms having signed her affidavit dated 22.11.2021voluntarily of her own accord without any duress, pressure or coercion from any quarter qua the petition seeking quashing of the FIR in qeustion and that she does not want to pursue the proceedings in relation to the FIR in question nor does she want the petitioner to be punished in relation thereto.
On behalf of the State in view of the settlement arrived at between the parties, there is no opposition to the prayer made by the petitioner seeking quashing of the FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860.
The respondent No.2 though she is not literate states that she has understood the implications of the statement made by her. The respondent No.2 as per her affidavit is aged 42 years and has apparently understood the implications of the statement made by her. The deputed Investigating Officer in reply to specific Court query states that there are no previous adverse antecedents against the petitioner. The respondent No.2 has also stated that there has been no further recurrence of the incident from the side of the petitioner after the registration of the FIR in relation to which the petition has been filed. Thus as there is no reason to disbelieve the statement made by the respondent No.2 that the respondent No.2 has arrived at a settlement with the petitioner voluntarily of her own accord without any Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.12.2021 12:29:23 This file is digitally signed by PS to HMJ ANU MALHOTRA.
duress, pressure or coercion from any quarter, it is considered appropriate to put a quietus to the litigation between the petitioner and the respondent No.2 for maintenance of peace and harmony, the FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860 and the consequential proceedings against the petitioner are thus quashed.
The petition is disposed of.
ANU MALHOTRA, J DECEMBER 20, 2021/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.12.2021 12:29:23 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 47 CRL.M.C. 3374/2021 HARI CHANDVs. THE STATE (GOVT.OF NCT OF DELHI) & ANR 20.12.2021 CW-1 SI BRAHMO DEVI Police Station VASANT VIHAR I have been deputed to attend the proceedings in relation to FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860. I identify the petitioner Hari Chand as being the accused arrayed in the FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860. There are no previous adverse antecedents against the petitioner.
I also identify the respondent no.2 as being the complainant of the said FIR.
ANU MALHOTRA, J RO & AC 20.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.12.2021 12:29:23 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 47 CRL.M.C. 3374/2021 HARI CHANDVs. THE STATE (GOVT.OF NCT OF DELHI) & ANR 20.12.2021 CW-2 Ms.B, W/o K, age 42 years, R/o, Munirka previous R/o Madangir as mentioned in the Memo of Parties.
On S.A. My affidavit dated 22.11.2021 bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter. I am not literate but I can sign. In view of the settlement, I do not oppose the prayer made by the petitioner seeking quashing of the FIR No.95/2016, Police Station Vasant Vihar, under Sections 354D/509 of the Indian Penal Code, 1860 and the consequential charge sheet filed therein nor do I want the petitioner to be punished in relation thereto. There has been no recurrence of the incident by the accused after the registration of the FIR. I have so stated voluntarily of my own accord without any duress, pressure or coercion from any quarter.
I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 20.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.12.2021 12:29:23 This file is digitally signed by PS to HMJ ANU MALHOTRA.