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High Court of DelhiCRL.M.C./2545/2024

Radhika Chhabra v. State & ANR.

2024-04-01Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2545/2024 RADHIKA CHHABRA ..... Petitioner Through:

Mr.Pritish Sabharwal, Advocate versus STATE & ANR.

..... Respondents Through:

Mr.Ajay Vikram Singh, APP for State with WSI Meetu Yadav, PS Greater Kailash-I.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 01.04.2024 CRL.M.A. 9700/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 2545/2024, CRL.M.A. 9699/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 167/2023 under Section 16 of the Bonded Labour System (Abolition) Act, 1976, Section 75 of the Juvenile Justice (Care & Protection of Children) Act, 2015, Section 14 of the Child Labour (Prohibition & Regulation) Act, 1986 and Sections 374/323 IPC, registered at PS: Greater Kailash and proceedings emanating therefrom.

2.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.

Learned counsel for the petitioner submits that the domestic help was employed by the petitioner on the basis of Aadhar Card provided to her, by 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 03/04/2024 at 13:00:54

the placement agency without being aware that the age on the basis of Aadhar Card is incorrect. He further submits that the concerned persons who had handed over the Aadhar Card from the concerned placement agency, have not been joined in investigation, despite directions issued on 27.09.2023 by this Court in Crl. M. C. No.7057/2023, earlier preferred on behalf of the petitioner as referred below:

"6.

Having heard the counsels for the parties, the present petition is disposed of with the direction that the investigation in the present case will proceed in accordance with law. In the event the petitioner has any grievance with the investigation being conducted, she would be at liberty to take remedies prescribed in law."

4.

Learned APP for the State submits that matter is still under investigation and a final report shall be filed within a period of four weeks. 5.

Considering the facts and circumstances, petition is disposed of with the directions to the Investigating Agency to also investigate the stand of the petitioner prior to filing of the Final Report, in accordance with law. Petition is accordingly disposed of with liberty to the petitioner to take appropriate steps in accordance with law, on filing of Final Report under Section 173 Cr.P.C. Pending applications, if any, also stand disposed of. ANOOP KUMAR MENDIRATTA, J APRIL 1, 2024/v 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 03/04/2024 at 13:00:54