Rahil Hussain ORS v. The State NCT Of Delhi And ANR
4.
The MLC had noted that the victim did not get her internal medical examination conducted.
5.
As per the statement of the victim recorded under Section 164 Cr.P.C., the victim could not recollect the exact date of the incident and could not produce any documentary proof.
6.
Even though, statement was recorded during the trial of PW-1 prosecutrix, she stated on SA, that she does want to pursue the case and she wants that the proceedings should be closed. It is noted by Trial Court that she does not want to recall past and does want to depose any further. 7.
Petitioner is also present in Court and duly identified by the IO. 8.
Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 300/2019 under Sections 376/506 IPC registered at PS Krishna Nagar and proceedings emanating therefrom are quashed.
9.
Parties shall abide by the terms of settlement. 10.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
11.
Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 31, 2024/RK $~41 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 552/2024 RAHIL HUSSAIN ORS .....Petitioners Through:
Mr. Chuman Mandal, Mr. Arun Sharma, Mr. Raman Kumar and Mr.
Ravi Lomod, Advs.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for State with SI Akshay PS: Shaheen Bagh.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 31.07.2024 1.
This petition has been filed seeking quashing FIR 214/2022 registered at Shaheen Bagh under Sections 380/411/454/120B/34 IPC on the basis of settlement dated 12th December, 2023 arrived at between the parties which is on record of this Court.
2.
As per the settlement, respondent no.2 confirms that he has received an amount of Rs. 15 lacs and nothing further is due. 3.
Petitioner no.1-6 and respondent no.2 (complainant) are present in Court and are duly identified by the IO.
4.
Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Accordingly, the petition is allowed. Consequently, the FIR No. 214/2022 under Sections 380/411/454/1208/34 IPC registered at PS Shaheen Bagh, Delhi and proceedings emanating therefrom are quashed. 5.
Parties shall abide by the terms of settlement. 6.
Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
7.
Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 31, 2024/RK 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.