Dharambir Singh & ORS. v. State NCT Of Delhi And ANR

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6777/2024 & CRL.M.A. 25856/2024 DHARAMBIR SINGH & ORS.

.....Petitioners Through:

Mr. Varun Chawla and Ms. Tanvi Chuphal, Advocates.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Shubhi Gupta, APP for the State with ASI Ravinder, SI Rohit Chahar, P.S. Bharat Nagar.

Ms. Sonal Chauhan and Ms. Sonali Gambhir, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.10.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners in the present case seek quashing of case FIR No.442/2020 dated 14.07.2020 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Bharat Nagar, Delhi. Consequent upon completion of investigation, offences under sections 354/354-B/509 of the IPC have been added vide charge-sheet dated 31.03.2023. 2.

Considering the present petition was filed after 01.07.2024 i.e., after coming into force of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), the present petition was treated as one under section 528 of the BNSS vide order dated 29.08.2024.

3.

Mr. Varun Chawla, learned counsel appearing for the petitioners submits, that the subject FIR has already been quashed as against the CRL.M.C. 6777/2024 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 25/10/2024 at 14:24:07

former husband, former mother-in-law and former father-in-law of the complainant vide judgement dated 25.08.2023 passed by a Coordinate Bench of this court in W.P.(CRL) No. 2435/2023 however, since that judgment recorded that the subject FIR "and all the other proceedings emanating therefrom are quashed qua the present petitioners", the subject FIR has not been quashed insofar as the present petitioners are concerned, who are distant relatives of the complainant's former husband and former father-in-law, and have been named later in the charge-sheet.

4.

The complainant/respondent No.2 is present in court. The court has interacted with her. She confirms that she had signed the Settlement Deed dated 17.12.2022; and has received all her jewellery and valuable articles back from her former husband. She however contends that certain original documents relating to her education qualifications etc. have not been returned by her former father-in-law. This is refuted by learned counsel for the petitioners, who submits that in any case, it is not the complainant's case that those documents are in the possession and custody of the present petitioners. 5.

In the circumstances, the FIR No.442/2020 dated 14.07.2020 registered under sections 498-A/406/34 of the IPC at P.S.: Bharat Nagar, Delhi is quashed against the present petitioners as well. All proceedings arising therefrom also stand closed. 6.

The petition is disposed-of.

7.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 21, 2024/V.Rawat CRL.M.C. 6777/2024 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 25/10/2024 at 14:24:07