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High Court of DelhiCRL.M.C./5098/2022

Raj Kumar Dubey & ORS. v. The State ( NCT Of Delhi & ANR.

2024-08-21Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5098/2022 & CRL. M.A. 24836/2024, CRL. M.A. 24956/2024 RAJ KUMAR DUBEY & ORS.

.....Petitioners Through:

Mr. Hitesh Shakya, Advocate.

versus THE STATE ( NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Tarang Srivastava, APP for the State.

SI Gita Yadav, PS Mehrauli

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 21.08.2024 1.

The Petitioner has approached this Court for quashing the FIR No.151/2020 dated 17.03.2020, registered at Police Station Mehrauli for offences punishable under Sections 376/377/384/354C/354/323/420/467/471 /198/506/509/120B/34 IPC.

2.

It is stated by the learned Counsel appearing for the Petitioner that the matter was referred to Mediation and a sum of Rs.9 lakhs was agreed as full and final settlement and out of which Rs.6 lakhs have already been paid to the complainant. He states that Rs.3 lakhs is yet to be paid for quashing of the FIR. The settlement has therefore not given effect to. 3.

Learned Counsel appearing for the Petitioner seeks permission to withdraw the present petition with liberty to raise all the contentions, including the contentions raised in this petition before the Trial Court at the 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 29/08/2024 at 12:24:29

time of framing of charges.

4.

Permission and liberty, as sought for, are granted. 5.

The FIR which is sought to be quashed was filed in the year 2020. Four years have passed.

6.

Learned APP appearing for the State states that the chargesheet stands filed and the matter is fixed before the Trial Court for framing of charges on 18.09.2024. The Trial Court is requested to hear the argument on charge on the said date.

7.

The petition is disposed of as withdrawn, along with pending application(s), if any. It is made clear that this Court has not made any observations on the merits of the case.

SUBRAMONIUM PRASAD, J AUGUST 21, 2024 S. Zakir 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 29/08/2024 at 12:24:29