Nitin Anand v. The State ( Govt Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 932/2024 NITIN ANAND ..... Petitioner Through:

Mr. Birender Sharma, Mr.

Dileep Kumar Mishra and Mr. Amit Sharma, Advs.

Mr.

Varinder Kumar Sharma, Adv.

(through VC) versus THE STATE ( GOVT OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Hitesh Vali, APP for the State with SI Priyanka, PS Mohan Garden, SI Ranjana, PS Bindapur and SI Sunil Dutt, PS Mohan Garden.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 19.03.2024 CRL.M.A. 3738/2024 (exemption from filing certified copy of annexures) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 932/2024 & CRL.M.A. 3739/2024 (stay) 3.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 319/2022 dated 30.05.2022, registered at Police Station Mohan Garden, for offences under Sections 376/506 of the Indian Penal Code, 1860 (IPC).

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 11:37:23

4.

Pursuant to the order dated 06.02.2024, the Status Report and an affidavit sworn by the concerned SHO is filed by the State.

5.

It is pointed out that the matter was enquired into and the statements of Oath Commissioner as well as Advocate Dilip Kumar Mishra, were recorded.

6.

The Oath Commissioner has stated that the complainant came for the purpose of attestation of the affidavit and was not looking under any undue influence or pressure. 7.

The complainant is present in person. She submits that she was not informed that the affidavit would be used for the purpose of quashing of the present FIR.

8.

The learned counsel for the petitioner submits that since the complainant is now not agreeing for quashing of the present FIR on the ground of settlement, he would like to withdraw the present petition.

9.

The present petition is dismissed as withdrawn. 10.

Insofar as the allegations of the complainant that she had been pressurised or that the concerned Investigating Officer is not investigating the case properly, she is at liberty to file an appropriate application before the learned Metropolitan Magistrate or avail any other remedy as available in accordance with law.

11.

The petitioner is directed not to contact the complainant in any manner whatsoever.

AMIT MAHAJAN, J MARCH 19, 2024 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 11:37:23