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High Court of DelhiCRL.M.C./4163/2024

Suyash Shukla & ORS. v. Gnct Delhi & ANR

2024-05-21Hon'Ble Mr. Justice Amit Mahajan2 pages

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C.

4163/2024, CRL.M.A.

15815/2024 & CRL.M.A. 15816/2024 SUYASH SHUKLA & ORS.

..... Petitioners Through:

Mr. Mohd. Yasin, Mr.

Yasho Vardhan Oza, Mr.

Shariq Nisar & Mr. MD Tanvir, Advocates.

versus GNCT DELHI & ANR ..... Respondents Through:

Mr. Satinder Singh Bawa, APP for the State alongwith SI Chandraveer (P.S. Safdarjung Enclave).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 21.05.2024 1.

The present petition is filed under Section 482 of the Code of Criminal Procedure Code, 1973 seeking quashing of FIR No. 4/2023 dated 05.01.2023 registered at police station Safdarjung Enclave for offences under Section 498A & 34 of Indian Penal Code, 1860 ('IPC').

2.

At the outset, it is pointed out by the learned Additional Pubic Prosecutor for the State, on instructions from the Investigating Officer, that the chargesheet has already been filed in the present case and except Petitioner No.1 rest of the petitioners have been kept in column no.12 of the chargesheet. 3.

He further submits that the matter is now listed on 02.08.2024 for argument on charge.

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 27/05/2024 at 14:41:39

4.

The learned counsel for the petitioner submits that the petitioners have unnecessarily been implicated in the present FIR.

5.

He submits that the vague allegations have been made against the petitioners and the same do not attract the provisions of Section 498A of IPC.

6.

He submits that the Respondent Nos. 2 to 5 are the relatives and even if the allegations are taken at the highest, no offence against them can be made out.

7.

He further submits that even though Respondent Nos. 2 to 5 have been kept in column no.12 but the summons has been issued against them also.

8.

He, however, submits that since the matter is listed for arguments on charge, all the arguments will be raised before the learned Trial Court.

9.

He seeks liberty to withdraw the present petition and approach again in case any grievance remains. 10.

In view of the above, present petition is dismissed as withdrawn with the aforesaid liberty.

AMIT MAHAJAN, J MAY 21, 2024 'Aman'

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 27/05/2024 at 14:41:39