Delhi High Court - Orders
Swatantra Kumar Jaysawal vs State & Anr on 30 September, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1904/2021
SWATANTRA KUMAR JAYSAWAL ..... Petitioner
Through : Mr.Mohit Mathur, Sr. Advocate with
Mr.Sachin Anand and Mr.Vinayak S.
Chitale, Advocates.
versus
STATE & ANR. ..... Respondents
Through : Mr.Rajesh Mahajan, ASC with
Ms.Jyoti Babbar, Advocate for State.
Mr.Lalit Valecha, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 30.09.2021
1. The hearing has been conducted through Video Conferencing.
CRL.M.A. 15684/20212. Exemption allowed, subject to all just exceptions.
3. The application stands disposed of. W.P.(CRL) 1904/2021
4. This petition is filed for quashing of FIR No.219/2021 under Section 376/323/506 IPC registered at police station Patparganj Industrial Area, New Delhi.
5. It is submitted by the learned senior counsel for the petitioner though the FIR was registered on the complaint of respondent no.2 on the premise of breach of promise to marry by the petitioner but later both the petitioner and the prosecutrix had married on 26.07.2021 and as such both of them have now come forward for quashing of the FIR. The affidavit of the prosecutrix is annexed on record.
6. He relies upon Ananda D.V. vs. State, Criminal Appeal Nos.394- Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:01.10.2021 10:41 395/2021 wherein such like FIR was quashed and also upon Prashant Bhartiya vs. the State of Delhi, Criminal Appeal No.708/2021 wherein the Hon'ble Supreme Court quashed the FIR under Section 376 IPC on grounds of amicable settlement.
7. Learned ASC appears on advance notice and intends to file his reply. Be filed before the next date of hearing.
8. List on 16.11.2021.
YOGESH KHANNA, J.
SEPTEMBER 30, 2021 R Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:01.10.2021 10:41