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Delhi High Court - Orders

Mohit Kumar Yadav vs State (Govt. Of Nct Of Delhi) on 8 October, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~37
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CRL.M.C. 1663/2021
                                     MOHIT KUMAR YADAV                                  ..... Petitioner
                                                      Through : Mr.Inderpal Khokhar, Advocate.
                                                      versus
                                     STATE (GOVT. OF NCT OF DELHI)                  ..... Respondent
                                                      Through : Mr.Izhar Ahmad, APP for the State.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER
                                %                     08.10.2021
                                Crl.M.A.No.16280/2021

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

Crl.M.A.No.16279/2021

3. By this application, petitioner/applicant seeks early hearing of the matter coming up for hearing on 08.12.2021.

4. Allowed. The matter is taken up today for hearing.

5. The application stands disposed of.

CRL.M.C. 1663/2021

6. This petition is filed for quashing of FIR bearing No.260/2019 under Section 306/498-A IPC registered at Police Station Dwarka North, New Delhi and consequential proceedings arising therefrom before the learned Trial Court.

7. It is submitted the petitioner No.1 had married the daughter of respondent No.2. Two twin babies were born from the wedlock. On 17.07.2019 the wife of petitioner No.1 had committed suicide and hence the FIR was registered on the statement of respondent No.2.

8. It is stated the complainant and his son Kamal Raj Yadav have Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:08.10.2021 16:41 realised they have given statement under the influence of their relatives as they were under shock and mentally distressed at that time but now they have no grievance against the petitioner and hence the FIR be quashed.

9. However, learned APP submits the suicide note was left by the deceased which needs to be appreciated during trial and the FIR cannot be quashed merely on the ground of amicable settlement between the complainants and the petitioner herein. He intends to file a status report. Be filed before the next date of hearing with an advance copy to learned counsel for the petitioner.

10. List on 08.12.2021, the date already fixed.

YOGESH KHANNA, J.

OCTOBER 08, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:08.10.2021 16:41