Delhi High Court - Orders
Vinod Kumar vs The State Nct Of Delhi & Anr on 7 November, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8186/2023 & CRL.M.A. 30464/2023
VINOD KUMAR ..... Petitioner
Through: Mr. Himanshu Sharma and Ms.Kavita
Kumar, Advocates with petitioner in
person.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Utkarsh, APP for State/R-1 with
Insp. Naveen Ahlawat, P.S. Samaipur
Badli and Insp. Sachin Mann, P.S.
Shahbad Dairy.
Mr. Abhinav Garg, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 07.11.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing proceedings arising out of FIR bearing no.0862/2016 dated 12.09.2016 registered under sections 354D/506 IPC at P.S. Samaipur Badli along with consequential proceedings.
2. Issue notice.
3. Mr. Utkarsh, Additional Public Prosecutor assisted by Investigating Officer Insp. Naveen Ahlawat, P.S. Samaipur Badli, accepts notice on behalf of the respondent no. 1/State. The respondent no. 2 is present in person along with the counsel and accepts notice.
4. The present FIR bearing no.0862/2016 was got registered on the basis 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 10/11/2023 at 23:27:50 of complaint made by the respondent no. 2 on the allegations as stated in FIR wherein the petitioner was implicated. The petitioner and the respondent no. 2 are identified by the Investigating Officer Insp. Naveen Ahlawat, P.S. Samaipur Badli and their respective counsel. After completion of investigation, the charge-sheet has already been filed and the trial is stated to be pending in the court of Ms. Nidhi Chitkara, MM, Rohini Courts, Delhi/Successor Court. Another FIR bearing no. 0939/2016 was also got registered under sections 341/354D/506/509 IPC at P.S. Samaipur Badli on the basis of complaint made by the respondent no. 2 against the petitioner, however, the said FIR has already been quashed vide order dated 03.11.2023 passed in CRL.M.C. bearing no. 8065/2023 by another Co-ordinate Bench of this Court.
5. The counsel for the petitioner stated that the petitioner and the respondent no. 2 are related to each-other and they have settled their disputes vide Memorandum of Understanding dated 21.08.2023 whereby the respondent no. 2 has agreed not to pursue with the judicial proceedings arising out of the present FIR and also to co-operate with the petitioner in quashing proceedings to be initiated in the present FIR. The counsel for the petitioner further stated that the respondent no. 2 has already got married and the alleged incident had happened before her marriage. In these circumstances, it is prayed that the present petition be allowed and FIR bearing no. 0862/2016 be quashed along with the consequential judicial proceedings.
6. The respondent no. 2 stated that the petitioner is directly related to her and she has got married after registration of FIR. The respondent no. 2 further stated that she has settled the disputes with the petitioner out of her 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 10/11/2023 at 23:27:50 own free will and without any fear, force or coercion as such, she does not have any objection if the present petition is allowed and FIR bearing no. 0862/2016 is quashed along with consequential judicial proceedings.
7. The Additional Public Prosecutor for the State/respondent no. 1 stated that under the given facts and circumstances of the case, he does not have any objection if the present petition is allowed and FIR bearing no. 0862/2016 is quashed along with consequential judicial proceedings.
8. The petitioner and the respondent no. 2 are directly related to each- other and FIR bearing no. 0939/2016 has already been quashed as detailed hereinabove. The respondent no. 2 has settled the pending disputes with the respondent no. 2 vide Memorandum of Understanding dated 21.08.2023. No useful purpose shall be served if the proceedings arising out of the present FIR are allowed to be continued. After considering all facts, the present petition is allowed and FIR bearing no. 0862/2016 dated 12.09.2016 registered under sections 354D/506 IPC at P.S. Samaipur Badli is quashed along with consequential proceedings including judicial proceedings stated to be pending in the court of Ms. Nidhi Chitkara, MM, Rohini Courts, Delhi/Successor Court.
9. The present petition along with pending application, stands disposed of.
DR. SUDHIR KUMAR JAIN, J NOVEMBER 7, 2023 N 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 10/11/2023 at 23:27:51