Delhi High Court - Orders
Saksham Sabarwal vs The State (Govt. Of Nct Of Delhi) & Anr on 3 June, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2331/2022 & CRL.M.A. 9876/2022
SAKSHAM SABARWAL ..... Petitioner
Through: Petitioner in person with Mr. Deepak
Sharma & Mr. Kavindra Gill,
Advocates.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondent
Through: Ms. Kusum Dhalla, APP for State
with SI Ritu, PS South Campus.
R-2 in person through Video
Conferencing with Mr. Mayank
Barua, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 03.06.2022 The petitioner, vide the present petition seeks the quashing of the FIR No.38/2018, PS South Campus which as per averments made in the FIR is stated to be registered under Sections 341/323/354/506 of the Indian Penal Code, 1860. The deputed Investigating Officer of the case states that it has been subsequently converted to one under Sections 323/341/354D/506 of the Indian Penal Code, 1860. The FIR is stated to have been registered on 12.02.2018, the spot of occurrence is also in front of a college at New Delhi.
The deputed Investigating Officer of the case identifies the petitioner CRL.M.C. 2331/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.06.2022 13:58 Saksham Sabarwal as being the sole accused arrayed in the FIR No.38/2018, PS South Campus under Sections 341/323/354D/506 of the Indian Penal Code, 1860 and also identifies the respondent no.2 who has joined the proceedings through Video Conferencing as being the complainant thereof.
The respondent no.2 in her deposition on oath in replies to specific Court queries has affirmed having signed her affidavit dated 13.05.2022 as her non opposition to the prayer made by the petitioner and has stated that she does not oppose the prayer made by the petitioner seeking the quashing of the FIR in question submitting to the effect that the time of institution/ registration of the FIR, both she and the petitioner were students and they have since moved on in their lives and that she does not want to pursue the FIR any more. The respondent no.2 is apparently well educated having stated by her to the effect that she is doing her Masters and has understood the implications of the statement made by her. There appears no reason to disbelieve the statement made by the respondent no.2 that she has arrived at a settlement with the petitioner voluntarily of her own accord.
On behalf of the State, the learned APP for the State in the circumstances does not oppose the prayer made by the petitioner seeking the quashing of the FIR in question.
The statement under Section 164 of the Cr.P.C. of the prosecutrix submitted by the State has been perused and is in consonance with the averments made in the FIR.
In view of the deposition of the respondent no.2, her identification by the deputed Investigating Officer of the case and non-opposition on behalf of the State, it is considered appropriate to put a quietus to the litigation CRL.M.C. 2331/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.06.2022 13:58 between the parties in relation to the FIR in question. In view thereof, the FIR No.38/2018, PS South Campus under Sections 323/341/354D/506 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner are thus quashed.
The petition is disposed of accordingly.
ANU MALHOTRA, J JUNE 3, 2022 nc CRL.M.C. 2331/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.06.2022 13:58 IN THE HIGH COURT OF DELHI: NEW DELHI Item No.35 CRL.M.C. 2331/2022 SAKSHAM SABARWAL versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.
03.06.2022 CW-1 SI Ritu, PS South Campus.
ON S.A. I have been deputed to attend the proceedings qua FIR No.38/2018, PS South Campus under Sections 341/323/354D of the Indian Penal Code, 1860 and Section 506 of the Indian Penal Code, 1860 having been subsequently added.
I identify the petitioner Saksham Sabarwal as being the sole accused arrayed in the aforesaid FIR and I also identify the respondent no.2 Ms. Ritika Marwah who has joined the proceedings through Video Conferencing as being the complainant thereof.
RO & AC ANU MALHOTRA, J
03.06.2022
Signature Not Verified
Digitally Signed
By:SUMIT GHAI
Signing Date:07.06.2022
13:58
IN THE HIGH COURT OF DELHI: NEW DELHI
Item No.35
CRL.M.C. 2331/2022
SAKSHAM SABARWAL versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.
03.06.2022 CW-2 Ms. Ritika Marwah, d/o Shri Manish Marwah, aged 23 years, R/o Dijkstraat 7C, 3061 TA Rotterdam, Netherlands.
ON S.A. My affidavit dated 13.05.2022 bears my signatures thereon which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter. In as much as, the FIR was lodged when the petitioner and I were students and we have since moved on in our lives. I thus, do not oppose the prayer made by the petitioner seeking the quashing of the FIR No.38/2018, PS South Campus under Sections 341/323/354D/506 of the Indian Penal Code, 1860 nor do I want him to be punished in relation thereto.
I am a graduate and presently pursuing my Masters. I have made my statement after understanding its implications thereof voluntarily of my own accord without any duress, coercion or pressure from any quarter and I do not need to think again.
RO & AC ANU MALHOTRA, J
03.06.2022
Signature Not Verified
Digitally Signed
By:SUMIT GHAI
Signing Date:07.06.2022
13:58