Delhi High Court - Orders
Sh. Surjit Singh vs The State Of Nct Fo Delhi on 23 September, 2024
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 1169/2024 CRL.M.A. 28735/2024
SH. SURJIT SINGH .....Petitioner
Through: Mr. SC Buttan & Mr. Nikhil, Advs.
versus
THE STATE OF NCT FO DELHI .....Respondent
Through: Mr. Pradeep Gahalot, APP for the
State with SI Meenu, PS Kirti Nagar
and Insp. Babita.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 23.09.2024 CRL.M.A. 28736/2024 (Exemption)
1. Exemption allowed subject to just exceptions.
2. Application stands disposed of, accordingly. CRL.REV.P. 1169/2024 alongwith CRL.M.A. 28735/2024 (Stay)
1. This petition has been filed seeking setting aside of order dated 23 rd July, 2024 whereby charges were framed under Sections 376/323 IPC against the petitioner in FIR No.110/2023 PS Kirti Nagar. As per the said impugned order, the charges under Section 308 IPC were dropped. As per the FIR, the prosecutrix alleged that she was in a live-in relationship since 2019 with the accused after her husband expired in the year 2006. According to her when he made promise of marriage, he purchased a separate house for her and started living with her and established physical 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 24/09/2024 at 23:11:07 relationships with her and when she pressurised for marriage he was abusive with her and got involved with other women. She further alleged that he abused her and extending threats to her as well and beat her with a stick. Basis these allegations, the charges were framed under Sections 376/323 IPC.
2. Counsel for the petitioner, however, points out that there was a categorical medical opinion dated 12th July, 2023 that the petitioner was unable to perform sexual acts due to erectile dysfunction. The said report has been placed on record and perused by this Court. Aside from this, it is stated that there are no specific allegations and details which have been given in the said FIR and a generic allegation has been moved of sexual relationship and they are living in a relationship for four years.
3. Counsel for the petitioner also relies upon an order of the Supreme Court in Mandar Deepak Pawar v. The State of Maharashtra & Anr., Criminal Appeal No.442/2022, where in similar circumstances, the FIR was quashed.
4. Issue notice.
5. Notice is accepted by the APP for the State.
6. Status report in this regard be filed before the next date of hearing.
7. Considering the nature of the offence, the Investigating Officer will inform the prosecutrix/complainant in writing regarding the pendency of the present matter to enable them to be present in the Court personally or through authorized representative/counsel, if they so desire. It is clarified that it is not compulsory for the prosecutrix/complainant to appear in person.
8. The Trial Court may give a date after the next date scheduled before this Court.
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 24/09/2024 at 23:11:07
9. List on 04th December, 2024.
10. Dasti.
11. Order be uploaded on the website of this Court.
ANISH DAYAL, J SEPTEMBER 23, 2024/MK 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 24/09/2024 at 23:11:07