Vijay Kumar v. State NCT Of Delhi & ANR.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6004/2024 and CRL.M.A. 22897/2024 VIJAY KUMAR .....Petitioner Through:

Mr. Ashwani Jha, Ms. Shivangi Malik, Mr. Hari Krishan, Mr. Sachin Kumar and Mr. Kumar Prashant, Advs.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Adv. Amit Ahlawat Ld. APP along with Shruti Tandon, Mitul Sehrawat, Litesh Batra, Shivani Verma, Paulmi Yadav, G.M. Thakur Advocates with SI Priti, PS Khajuri Khas.

Mr. Ashish Pratap Singh, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 05.08.2024 1.

This petition has been filed seeking quashing of FIR No.224/2024 PS Khajuri Khas under Sections 376/506 IPC on the basis of a No Objection Certificate given by the complainant, through affidavit, where she states that she has no objection to the FIR and the proceedings being quashed. 2.

She has stated in her affidavit that they were in a relationship since 2021. Over a period time, misunderstanding and differences occurred between them and due to that the FIR was lodged. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petitioner and respondent No.2 are both present in Court and duly identified by the counsels. Respondent No.2 was queried in the presence of her counsel, whether she has given her no objection without any pressure or coercion, and she affirms that she has.

4.

However, attention is drawn to anticipatory bail order of this Court dated 17th May, 2024 where all facts and circumstances had been mentioned. Physical relations were established on the pretext of the marriage, over the course of four years and she continued to stay in a live-in relationship with the petitioner, who was already married. It is noted in the said order that the petitioner had bought a property in joint name with the complainant and the sale deed was shown to the Court.

5.

Today, the petitioner, who appears along with his counsel, gives an undertaking that they shall transfer the said property in favour of the complainant and shall take all steps in this regard, inter alia by way of a relinquishment deed or any other deed applicable in the context. 6.

Copy of the sale deed has been shown to this Court. Counsel for the petitioner states that an affidavit confirming this undertaking shall be placed on record, before this Court, within a period of one week from today, and copy of the same shall be given to the IO and counsel for the complainant. 7.

Relevant proceedings in relation to the relinquishment of the rights in the property to the complainant shall be done expeditiously, preferably within a period of 15 days.

8.

The original documents of the property have been provided to the complainant through their counsel in Court itself. 9.

In these circumstances, the FIR stands quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

In case, the above directions are not complied with the complainant or the State will be at liberty to approach this Court for appropriate directions. 11.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. No.224/2024 PS Khajuri Khas under Sections 376/506 IPC and proceedings emanating therefrom are quashed.

12.

Parties shall abide by the terms of settlement. 13.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

14.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 5, 2024/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.