Karan Chadha v. The State & ANR
$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 580/2018 & CRL.M.A. 2102/2018 KARAN CHADHA ..... Petitioner Through:
Mr. Sumit Gaba, Advocate.
versus THE STATE & ANR ..... Respondents Through:
APP for State with SI Mathevar, PS Safdarjung.
Mr. A.K. Pathak, Adv for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% CRL.M.A. 2102/2018 CRL.M.A. 2102/2018 is an application filed on behalf of the petitioner seeking exemption from filing certified copies of the annexures. The same is allowed, subject to just exceptions. The application is disposed of.
Vide the present petition, the petitioner seeks quashing of FIR No.20/2018, PS Safdarganj under Sections 354/323/506/509 Indian Penal Code, 1860, Enclave and all consequential proceedings emanating therefrom submitting to the effect that there is a settlement has been arrived at between the parties.
The Investigating Officer of the instant case is present today in the court and has identified the petitioner, Karan Chadha as being the sole
accused and the respondent No.2 Ms. X being the the complainant of the FIR No.20/2018, under Sections 354/323/506/509 Indian Penal Code, 1860, Police Safdarganj Enclave present in the Court today. The proof of identity of the petitioner and the respondent no. 2 in the form of photocopies of their Election Commission Identity Card and passport respectively, are on the record as Ex. CW1/A & Ex. CW1/B respectively.
The respondent no.2, the complainant of the said FIR in her examination on oath by the Court has testified to having sworn her affidavit annexed to the petition as Ex.CW2/A and has further testified to having signed it voluntarily of her own accord without any duress, coercion or pressure from any quarter.
She further stated and has testified in the Court that she knows the petitioner since long and she does not oppose the prayer made by the petitioner seeking quashing of the FIR No.20/2018, under Sections 354/323/506/509 Indian Penal Code, 1860, Police Safdarganj Enclave. She has further stated that she does not want the petitioner to be punished in relation thereto. She further stated that in view of the settlement arrived at between the petitioner and herself, she does not seek or want to pursue the present petition. She has also testified to the effect that she is a Journalist and that she has partly persued the course in journalism at Symbiosis. It appears that the respondent no. 2 is apparently educated enough to understand the implications of her statement. There is no reason to disbelieve the statement made by her that she does not oppose the prayer made by the petitioner seeking quashing of the FIR No.20/2018, under
Sections 354/323/506/509 Indian Penal Code, 1860, Police Safdarganj Enclave.
On behalf of the State, in view of the deposition made by the respondent no. 2 and in the circumstances of the case, there is no opposition to the prayer made by the petitioner.
Taking into account the statement made by the respondent no. 2 that she does not oppose the prayer made by the petitioner seeking quashing of the FIR in question and also that she has made her statement voluntarily of her own accord without any duress, pressure or coercion from any quarter, it is considered appropriate to allow the prayer made by the petitioner seeking quashing of the FIR No.20/2018, PS Safdarganj Enclave under Sections 354/323/506/509 Indian Penal Code, 1860 and all consequential proceedings emanating therefrom.
In view thereof the FIR No.20/2018, PS Safdarganj Enclave under Sections 354/323/506/509 Indian Penal Code, 1860 and all consequential proceeding emanating therefrom are quashed.
The petition is disposed of.
FEBRUARY 05, 2018 Neha Chopra
Item No. 80 KARAN CHADHA Vs. STATE & ANR.
CW-1 SI MATHEVAR SINGH POLICE STATION SAFDARJANG ENCLAVE.
ON S.A.
I identify the petitioner, Karan Chandha as being the sole accused and the respondent No.2 Ms. X being the the complainant of the FIR No.20/2018, under Sections 354/323/506/509 Indian Penal Code, 1860, Police Safdarganj Enclave present in the Court today. The proof of identity of the petitioner and the respondent no. 2 in the form of photocopies of their Election Commission Identity Card and passport respectively are on the record as Ex. CW1/A & Ex. CW1/B respectively. RO & AC FEBRUARY 05, 2018.
Item No. 80 KARAN CHADHA Vs. STATE & ANR.
Statement of CW2 : Ms. X, d/o Shri T.C Acharya, aged 33 years, r/o A46, Pratap Nagar, Mayur Vihar, Phase-I, New Delhi. ON S.A.
My affidavit annexed to the petition bears my signature thereon at points-A & B on Ex.CW2/A, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter. I know the petitioner since long and I do not oppose the prayer made by the petitioner seeking quashing of the FIR No.20/2018, under Sections 354/323/506/509 Indian Penal Code, 1860, Police Safdarganj Enclave and I do not want him to be punished in relation thereto. I am a Journalist and I have made this statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.
RO & AC FEBRUARY 05, 2018