Shri Javed v. State (NCT Delhi) & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 906/2019 SHRI JAVED ..... Petitioner Through:

Mr. Haji Mohd. Yameen, Advocate

Versus

STATE (NCT DELHI) & ANR .....Respondents Through:

Ms. Neelam Sharma, Additional Public Prosecutor for respondentState with SI Lalit Chauhan Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 18.02.2019 In this petition, quashing of FIR No.76/2015 under Section 354-D of IPC registered at P.S. Timarpur, Delhi is sought on the basis of affidavit of respondent No.2.

Upon hearing and on perusal of the FIR in question and the affidavit of respondent No.2, I find that the stand of the respondent No.2 is that she is not interested in getting petitioner punished or fined. This cannot be a ground to quash the FIR in a case under Section 354-D of IPC. Since evidence of prosecutrix has been already recorded by the trial court, therefore, this Court is not inclined to entertain this petition as it is not a fit case to quash the FIR in question.

Accordingly, this petition is dismissed while not commenting upon merits of this case.

(SUNIL GAUR) JUDGE FEBRUARY 18, 2019 s