Komal Narula v. The State & ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1007/2023, CRL.M.A. 3975/2023, CRL.M.A. 3978/2023 KOMAL NARULA ..... Petitioner Through:

Mr. Kush Sharma, Advocate with petitioner in person.

Versus

THE STATE & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State Mr. Vipul Talwar, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 09.05.2024

O R D E R

1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of Complaint Case No.627598/2016 instituted under Section 138 of the NI Act and pending before the Ld. MM-09, East District, Saket Court, New Delhi.

2.

Mr. Sharma, learned counsel for the petitioner states that though the petitioner has raised multiple grounds for quashing the complaint case, however, without prejudice to her rights and contentions, the petitioner seeks leave to withdraw the petition with liberty to raise all such contentions before the Trial Court. Learned counsel further states that petitioner has also sought quashing of order dated 29.02.2020 vide which the petitioner has been declared as a proclaimed offender. It is contended that at the relevant time, the petitioner was under legal separation from her husband and was not residing at the address given. In this regard, he has referred to the report of 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 14/05/2024 at 19:57:56

process server. Without prejudice to the above, learned counsel, on instructions, further states that petitioner has highest regard for the Court and wishes to submit herself to the process of Court. He thus, prays that the order dated 29.02.2020 be quashed.

4.

Learned counsel for the respondent submits that he has no objection to the above request of the petitioner.

5.

Without going into the merits of the contentions raised and considering that petitioner is willing to submit herself to the process of Court, the order dated 29.02.2020 is quashed, subject to cost of Rs.2,500/- to be deposited with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch:

Rouse Avenue, IFSC:

UCBA0003364) within a period of one week from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

6.

Petition is disposed of in the above terms.

7.

Copy of the order be communicated to the concerned Trial Court. 8.

Copy of this order be also communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. MANOJ KUMAR OHRI, J MAY 9, 2024 ga 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 14/05/2024 at 19:57:56