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High Court of DelhiCRL.M.C./293/2024

Sachin Vats v. State NCT Of Delhi & ANR

2024-01-12Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 293/2024 SACHIN VATS ..... Petitioner Through:

Mr. Haresh Singh, Advocate with petitioner in-person.

versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State.

S.I. Rajender, P.S.: Chhawla & S.I.

Naveen Dahiya, P.S.: Bindapur.

Ms. Tanya Goel, Advocate for R-2 with R-2 in-person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 12.01.2024 CRL.M.A. 1139/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 293/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner seeking quashing of FIR bearing No. 437/2022 registered at Police Station Bindapur, Delhi, for offences punishable under Section 354-D of the Indian Penal Code, 1860 („IPC‟).

4.

Issue notice. Learned APP accepts notice on behalf of the State. 5.

Petitioner is present before this Court and has been identified by his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel Mr. Haresh Singh and Investigating Officer (IO) S.I. Naveen Dahiya from Police Station Bindapur, Delhi.

6.

Brief facts of the present case are that Ms. „A‟ got engaged two and half years ago to the petitioner. But after few days, Ms. „A‟ father had investigated about the petitioner and he came to know that he is not a good person. After Ms. „A‟ refusal her father had broken the engagement and relationship with the petitioner in writing. It is alleged that on 17.05.2022, the petitioner met Ms. „A‟ in metro and started following her, when Ms. „A‟ confronted him he had threatened that if Ms. „A‟ doesn't marry him, he would kill her. Thereafter, one day the petitioner came to Ms. „A‟s house and started threatening her therefore Ms. „A‟s father had made the said police complaint.

7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that the parties got engaged, and the petitioner herein, as per the statement made before this Court, by the victim/complainant, had been coming after her to ask her whether there were any chances of reconciliation. It is stated that out of some misunderstanding and under wrong impression being made by the petitioner, the subject FIR was lodged. However, the parties have now amicable settled the matter vide a settlement cum compromise deed dated 23.12.2023. 8.

Today, the complainant who is present in Court states she has no objection if the FIR is quashed.

9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Considering the age of the parties, it The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

10.

Accordingly, FIR bearing No. 437/2022 registered at Police Station Bindapur, Delhi for offences punishable under Section 354-D of the IPC and all consequential proceedings emanating therefrom are quashed. 11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 12, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.