Delhi High Court - Orders
Sajal Dahiya vs The State (Gnct Of Delhi) & Anr on 9 September, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 959/2022
SAJAL DAHIYA ..... Petitioner
Through: Petitioner in person with Ms. Nusrat
Hossain, Mr. Piyush Pathak, Mr.
Manish Kr. Singh & Ms. Tanya
Nayyar, Advocates.
versus
THE STATE (GNCT OF DELHI) & ANR. ..... Respondent
Through: Mr. Anand V Khatri, ASC for State
with Ms. Deepika Chaudhary,
Advocate along with SI Pinky, PS
Kishan Garh.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 09.09.2022 The petitioner, vide the present petition seeks the quashing of the FIR No.183/2022, Police Station Kishan Garh under Section 354D of the Indian Penal Code, 1860 submitting to the effect that a settlement has since been arrived at between the petitioner and the respondent no.2 vide a settlement document dated 11.04.2022 and no useful purpose would be served by the continuation of the proceedings qua the FIR in question.
The Investigating Officer of the case is present and has identified the petitioner Sajal Dahiya present in Court as being the sole accused arrayed in W.P.(CRL) 959/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.09.2022 17:36:25 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the FIR No.183/2022, Police Station Kishan Garh under Section 354D of the Indian Penal Code, 1860 and has also identified the respondent no.2 Ms. 'P' present in Court as being the complainant thereof.
During the course of the proceedings on 11.07.2022, it has already been submitted on behalf of the State that there is no opposition to the prayer made by the petitioner vide the present petition in view of the settlement arrived at between the parties.
The learned ASC for the State apprises the Court that the charge sheet in the matter has since been filed, which has also been filed under Section 354D of the Indian Penal Code, 1860.
The respondent no.2 in her deposition on oath in replies to specific Court queries by the Court affirms having signed her affidavit dated 25.04.2022 and the settlement document dated 11.04.2022 between her and the petitioner qua which she states that she has signed both these documents voluntarily of her own accord without any duress, coercion or pressure from any quarter. Inter alia, she states that she works in the same office with the petitioner but submits that after the date of the FIR in question, there has been no further communication by the petitioner with her nor has there been any recurrence of such an incident. She further states that in terms of the said settlement dated 11.04.2022 arrived at between her and the petitioner, she does not oppose the prayer made by the petitioner seeking the quashing of the FIR No.183/2022, Police Station Kishan Garh under Section 354D of the Indian Penal Code, 1860 nor does she want him to be punished in relation thereto. Inter alia, she states that she is a graduate in Engineering and has understood the implications of the statement made by her and that W.P.(CRL) 959/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.09.2022 17:36:25 This file is digitally signed by PS to HMJ ANU MALHOTRA.
she does not need to think again.
The petitioner has undertaken vide his statement in replies to specific Court queries not to make any contact with the respondent no.2 and has also apologized to the respondent no.2 in Court.
In view of the deposition of the respondent no.2 and the undertaking by the petitioner that he shall make no contact with the respondent no.2 and there being no reason to disbelieve the statement made by the respondent o.2 that she has arrived at a settlement with the petitioner voluntarily of her own accord, in the interest of justice, it is considered appropriate to put a quietus to the litigation between the parties to the petition qua the FIR in question.
In view thereof, the FIR No.183/2022, Police Station Kishan Garh under Section 354D of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner named Sajal Dahiya are quashed.
The petition is disposed of accordingly.
ANU MALHOTRA, J SEPTEMBER 9, 2022 nc W.P.(CRL) 959/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.09.2022 17:36:25 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.55 W.P.(CRL) 959/2022 SAJAL DAHIYA versus THE STATE (GNCT OF DELHI) & ANR. 09.09.2022 CW-1 SI Pinky, PS Kishan Garh.
ON S.A. I am the Investigating Officer of FIR No.183/2022, Police Station Kishan Garh under Section 354D of the Indian Penal Code, 1860.
I identify the petitioner Sajal Dahiya present today in Court as being the sole accused arrayed in the aforesaid FIR and I also identify the respondent no.2 Ms. 'P' present today in Court as being the complainant thereof.
RO & AC ANU MALHOTRA, J
09.09.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:14.09.2022
17:36:25
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.55 W.P.(CRL) 959/2022 SAJAL DAHIYA versus THE STATE (GNCT OF DELHI) & ANR. 09.09.2022 CW-2 Ms. 'P', W/o Mr. NARENDER KHOKER, AGED 34 YEARS, R/O R-525, SECTOR-A, POCKET B/C, VASANT KUNJ, DELHI- 110017.
ON S.A. My affidavit dated 25.04.2022 and the settlement document dated 11.04.2022 between me and the petitioner bear my signatures thereon, which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter. In terms of the said settlement dated 11.04.2022 arrived at between me and the petitioner, I do not oppose the prayer made by the petitioner seeking the quashing of the FIR No.183/2022, Police Station Kishan Garh under Section 354D of the Indian Penal Code, 1860 nor do I want him to be punished in relation thereto.
After the incident when the FIR was lodged, there has been no further contact by the petitioner with me and the petitioner has since apologized to me now in Court. I work in the same office as the petitioner works.
I am a graduate in Engineering.
I have made my statement after understanding its implications thereof voluntarily of my own accord without any duress, coercion or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
09.09.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:14.09.2022
17:36:25
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.55 W.P.(CRL) 959/2022 SAJAL DAHIYA versus THE STATE (GNCT OF DELHI) & ANR. 09.09.2022 CW-3 Mr. Sajal Dahiya, S/o Sh. Ranvir, aged 35 years, R/o 1464, SECTOR-15, SONIPAT-131001 HARYANA ON S.A. I apologize to the respondent no.2 for the incident in relation to which the present petition has been filed and I undertake not to make any contact with the respondent no.2. I work in the same office as the respondent no.2 works.
I have made my statement after understanding its implications thereof voluntarily of my own accord without any duress, coercions or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
09.09.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:14.09.2022
17:36:25
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.