Supreme Court - Daily Orders
Rahul Goyal vs State Of Nct Of Delhi on 3 December, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2021
(Arising out of SLP(Crl.)No. 7060 of 2021)
RAHUL GOYAL Appellant(s)
VERSUS
STATE OF NCT OF DELHI & ANR. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 02.08.2021 passed by the High Court of Delhi at New Delhi in CRLMC No. 1712/2021 rejecting the application for quashing of FIR No. 450 of 2018 registered at P.S. Palam Village on the complaint of respondent No.2.
The impugned order gives an impression that only one aspect was argued before the High Court, namely, that the parties have compromised in Domestic Violence case. The appellant had also raised other aspects in support of relief for quashing FIR, which has not been adverted to. Signature Not Verified The respondent No.2 has appeared in person, through Digitally signed by NEETU KHAJURIA video conferencing before us and she maintains that as Date: 2021.12.07 18:45:09 IST Reason: presently advised she would be opposing the petition for 2 quashing of FIR.
Taking overall view of the matter, therefore, we deem it appropriate, in the interest of justice, to set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the application for quashing on its own merits and in accordance with law. All contentions available to both sides are left open. The parties to appear before the High Court on 17.12.2021.
Until then, interim order dated 20.09.2021 granted by this Court to continue.
The appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI;
December 03, 2021.
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ITEM NO.27 Court 3 (Video Conferencing) SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7060/2021
(Arising out of impugned final judgment and order dated 02-08-2021 in CRLMC No. 1712/2021 passed by the High Court Of Delhi At New Delhi) RAHUL GOYAL Petitioner(s) VERSUS STATE OF NCT OF DELHI & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.117524/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.117525/2021-EXEMPTION FROM FILING O.T. ) Date : 03-12-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Ms. Geeta Luthra, Sr. Adv.
Mr. Ajay Kumar Porwal, Adv. Ms. Asmita Narula, Adv.
Ms. Apoorva Maheshwari, Adv. Ms. Shivani Luthra Lohiya, Adv. Ms. Shagufa Salim, AOR For Respondent(s) Ms. Aishwarya Bhati, ASG Mr. Gurmeet Singh Makker, AOR Ms. Archana Pathak Dave, Adv. Ms. Deepabali Dutta, Adv.
Mr. Siddhath Kohli, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI)
COURT MASTER (SH) COURT MASTER (NSH)
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[Signed order is placed on the file]