Deepak Kumar v. State Of NCT Of Delhi

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4555/2024 DEEPAK KUMAR ..... Petitioner Through:

Ms. Gayatri Nandwani, Ms. Mudita Sharda & Mr.

Adrian Abbi, Advocates with petitioner in-person.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Naresh Kumar Chahar, APP for the State with Mr. Keshav Sharma, Ms. Surya Joshi & Ms. Latika, Advocates with W/SI Purvi Ahlawat, P.S.: Tilak Nagar.

Ms. Vrinda Bhandari & Mr. Madhav Aggarwal, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.05.2024 CRL.M.A. 17144/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4555/2024 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') has been filed on behalf of the petitioner seeking quashing of the case arising out of FIR bearing No. 430/2022, registered at Police Station Tilak Nagar, for offence punishable under Section 376(2)(n) of the Indian Penal Code, 1860 ('IPC').

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice. Learned APP accepts notice on behalf of the State. 5.

Brief facts of the present case are that the petitioner no. 1 and respondent no. 2 had met through a social media app i.e. Instagram. It is stated that the respondent no. 2 had invited the petitioner to her friend's birthday party and started meeting frequently. It is further stated that the petitioner had allegedly promised to marry respondent no. 2, and had maintained physical relations with her. It is further stated that when respondent no. 2 got pregnant, the petitioner refused to marry her. On the complaint of respondent no. 2, the said FIR got registered against the petitioner. It is stated that on 02.07.2022, charge-sheet was prepared against the petitioner. It is further stated that on 03.06.2022, the parties had resolved all their disputes and amicably entered into a settlement and married each other. It is submitted that parties have one minor child. Since all the disputes have been amicably settled between them, the present petition has been filed for quashing of the said FIR.

6.

The petitioner is present before this Court in-person and is identified by his counsel and Investigating Officer concerned. 7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them and they have been living together harmoniously along with the minor child. Respondent no. 2 further states that she has no objection if FIR is quashed. 8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing No. 430/2022, registered at Police Station Tilak Nagar, for offence punishable under Section 376(2)(n) of the IPC and all consequential proceedings emanating therefrom are quashed. 10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 29, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.