Rupa Sharma v. Govt Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3349/2024 RUPA SHARMA ..... Petitioner Through:

Ms.

Madhumita Bhattacharjee, Adv.

(through VC) versus GOVT OF NCT OF DELHI & ANR.

..... Respondent Through:

Mr. Satinder Singh Bawa, APP for the State Inspector Ved Prakash, PS- Jyoti Nagar SI Jeetendra, PSMukherjee Nagar

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 16.05.2024 CRL.M.A. 12909/2024 (for exemption) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 3349/2024 & CRL.M.A. 12908/2024 (for stay) 3.

The present petition is filed seeking quashing of FIR No. 334/2016 dated 12.03.2016 registered at Police Station Mukherjee Nagar for offence under Section 380 of the Indian Penal Code, 1860 ('IPC').

4.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He submits that the chargesheet was filed way back on 04.08.2016, however, the case has not proceeded and the pendency of these proceedings arising out of the FIR have caused grave prejudice to the petitioner.

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 21/05/2024 at 11:38:12

5.

The learned Additional Public Prosecutor for the State submits that the delay is not being caused at the instance of prosecution. He submits that for almost two years, due to onset of COVID-19, the matter could not be proceeded. 6.

He further submits that no unwarranted adjournments would be sought by the prosecutrix and all endeavours would be made before the learned Trial Court to proceed expeditiously. 7.

Concededly, the chargesheet has already been filed but it appears that the proceedings have been pending for compliance of provisions of Section 207 of the CrPC.

8.

In the opinion of this Court, the pendency of the proceedings for compliance of provisions of Section 207 of the CrPC, for a period of almost eight years, is unwarranted. 9.

The learned Trial Court is directed to expedite the proceedings and fix the matter for arguments on charge. 10.

The petitioner is at liberty to take all grounds before the learned Trial Court.

11.

In view of the above, this Court considers it apposite to entertain the present petition.

12.

Needless to say, the petitioner is at liberty to approach this Court in case any grievance remains.

13.

The petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J MAY 16, 2024 "SS"

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 21/05/2024 at 11:38:12