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Sandeep vs State Of Delhi & Anr on 10 April, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~66

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 2347/2023
                                 SANDEEP                                             ..... Petitioner
                                                 Through: Mr. Arun Sheoran with Mr. Sushil
                                                            Kumar, Advocates with petitioner in-
                                                            person.
                                                 versus
                                 STATE OF DELHI & ANR.                           ..... Respondents
                                                 Through: Mr. Shoaib Haider, APP for the State
                                                            with SI Neha, P.S.: Gokul Puri.
                                                            Ms. Karuna Nidhi, Advocate for R2
                                                            with R2 in-person.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                 ORDER

% 10.04.2023 CRL.M.A. 8890/2023 Exemption granted, subject to just exceptions. The application stands disposed of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner, who is the husband of the complainant/respondent No. 2, seeks quashing of case FIR No.296/2022 dated 22.07.2022 registered under sections 376/328/354C/506/377 of the Indian Penal Code 1860 ('IPC') and section 4 of the Protection of Children from Sexual Offences Act, 2012 at P.S.: Gokul Puri.

2. The petition is supported by affidavits of the petitioner and of respondent No. 2, alongwith proofs of their I.Ds.

3. The petitioner, as also respondent No. 2, are present in-person. Their credentials have been verified and they have also been identified by their respective counsel.

4. The court has interacted with respondent No. 2. She unequivocally says that the subject FIR was registered by her at the behest and instance of her family, and in fact she did not know the purport of what she was being made to do at the time the FIR came to be filed. She says she has married the petitioner, as evidenced by Marriage Certificate dated 22.11.2021 issued by the Arya Samaj Marriage Trust, Old Vijay Nagar, Ghaziabad, Uttar Pradesh and the Marriage Registration Certificate dated 23.11.2021.

5. The record also reveals, that in an earlier round of litigation in a habeas corpus petition bearing W.P. No. 536/2022 filed before the Allahabad High Court, respondent No. 2 made the same statement which was recorded in order dated 14.10.2022 in those proceedings. The said order also recorded that after filing of the habeas corpus petition and issuance of notice thereon, respondent No. 2 lodged the subject FIR "...under the pressure and threat of her father and Tau..." and further, that "...the correct fact is that no such incident as alleged in the FIR dated 22.07.2022 took place".

6. By the said order the Allahabad High Court observed that the petitioner and respondent No. 2 were free to live together. Respondent No. 2 confirms that she has been residing with the petitioner ever since.

7. Mr. Shoaib Haider, learned APP confirms that the State has no objection to the subject FIR being quashed.

8. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr., reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

9. Accordingly, FIR No. 296/2022 dated 22.07.2022 registered under sections 376/328/354C/506/377 of the Indian Penal Code 1860 ('IPC') and section 4 of the Protection of Children from Sexual Offences Act, 2012 at P.S.: Gokul Puri, is quashed. All proceedings arising therefrom also stand closed.

10. Petition stands disposed of.

11. Pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J APRIL 10, 2023 ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:13.04.2023 CRL.M.C. 2347/2023 Page 3 of 3 14:34:37