High Court of DelhiW.P.(CRL)/107/2017

Rajendra Prasad v. State & ANR

2017-01-12Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 107/2017 RAJENDRA PRASAD ..... Petitioner Through:

Mr. Manoj Ohri, Senior Advocate along with Mr. Vipin Chaudhary, Advocate.

versus STATE & ANR ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel and Mr. Tushar Sannu, Advocate along with Inspector Jai Narain, PSDIU/ Outer, for the State. Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 12.01.2017 Crl.M.A. No. 587/2017 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 107/2017 Issue notice. Mr. Mehra accepts notice on behalf of the State. Respondent No.2 is present in person and she also accepts notice. The petitioner has preferred this petition to seek quashing of FIR No.713/2016 dated 06.07.2016 lodged at PS - Aman Vihar under Section 354A IPC, premised on the MOU dated 29.12.2016 executed between the petitioner and the respondent No.2.

I have interacted with the complainant/ respondent No.2 in Chamber. Mr. Ohri, on instructions from the petitioner, states that the petitioner does not place reliance on the MOU dated 29.12.2016, and the affidavit of respondent No.2 placed on record. He further states that the petitioner shall not rely on the same, or the affidavit of the complainant/ respondent No.2 filed in support of this petition in any proceedings whatsoever. He further states that the petitioner wishes to withdraw the petition at this stage. The petition is, accordingly, dismissed as withdrawn. Looking to the fact that the complainant/ respondent No.

2 is a young lady having a minor child to look after, and she is also working to meet her ends meet, and considering the fact that she is also embroiled in a matrimonial dispute with her husband, it is directed that respondent No.2/ complainant may not be put to any undue harassment in the process of investigation, and in case the charge-sheet is filed, by the concerned Court. In case the charge-sheet is filed, her evidence may be recorded at the earliest by the concerned Court while ensuring that she is not inconvenienced. The complainant shall also be provided adequate protection against any threat or harm perceived by her in future, that may be perceived by her either at the stage of investigation or trial.

Let a copy of the order be communicated to the Delhi Legal Services Authority for consideration on the aspect of grant of protection to the complainant.

VIPIN SANGHI, J JANUARY 12, 2017 B.S. Rohella