Gurvinder Dhodi v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1875/2019 GURVINDER DHODI ..... Petitioner Through Mr Gaurav Mitra, Mr Kartekey Kumar, Ms Shriya, Mr Ramesh Aggarwal, Advocates.

versus STATE & ANR.

..... Respondents Through Mr Amarpreet Singh, Advocate for Mr Rahul Mehra, Standing Counsel.

SI Harkesh Meena, P.S. Tilak Marg.

Mr Satish Tamta, Senior Advocate with Mr Vikramaditya Bhaskar, Mr Shq Iqbal, Ms Nusrat, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.01.2020 1.

The petitioner has filed the present petition, inter alia, praying that the FIR No. 105/2018 under Sections 468/471/420 of the IPC, registered with Police Station Tilak Marg, New Delhi and all proceedings emanating therefrom, be quashed.

2.

The said FIR has been filed alleging offences under Section 420/468/471 of the IPC. It is alleged that the petitioner had filed a false affidavit and also produced a false and fabricated document in order to support his claim, that he was earning only 1800 Dirhams and, therefore, could not sustain the claim of monthly maintenance. It is alleged that the

said statement was false and in fact, the petitioner is well off and has significant amount of money in his bank accounts. 3.

The learned counsel appearing for the petitioner contends that no offence under Section 420 of the IPC has been made out and further that the allegations are also not sustainable. The contents of the FIR in question clearly make out the commission of an offence but at this stage, it would not be apposite for this Court to examine the merits of the said allegations. However, given the fact that the allegations do indicate commission of an offence, the prayer made by the petitioner for quashing of the FIR in question cannot be sustained.

4.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J JANUARY 22, 2020 pkv