Ravinder Dahiya v. State Of NCT Of Delhi And ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9409/2023 RAVINDER DAHIYA ..... Petitioner Through:

Ms.

Neha Duhoon, Advocate alongwith petitioner in person versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Jeetendra and W/SI Garima, P.S. Mukherjee Nagar Respondent no. 2 in person

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 14.02.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking quashing of FIR bearing no. 553/2021 registered at Police Station Mukherjee Nagar, Delhi for offence punishable under Sections 376/506/509 of Indian Penal Code, 1860 ('Indian Penal Code, 1860 ('IPC') and all the proceedings emanating therefrom.

2.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

3.

Briefly stated, the facts of the present case are that due to some misunderstanding, complainant had got registered a zero FIR bearing no. 66/2021 dated 27.10.2021 at Women Police Station Rohtak, Haryana for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

offence punishable under Sections 376(2)(n)/506/34 Indian Penal Code, 1860 ('IPC') against the petitioner and his sister. It is stated that thereafter on 07.11.2021, the present FIR bearing no. 553/2021 was registered at Police Station Mukherjee Nagar, Delhi for offence punishable under Sections 376/506/509 of IPC against the petitioner. It is further stated that after registration of FIR, both the parties got married and a child was born out of the said wedlock. It is further stated that both the parties have settled their dispute and are living together.

4.

Petitioner is present before this Court and has been identified by his counsel Ms. Neha Duhoon and Investigating Officer (IO) SI Jeetendra from Police Station Mukherjee Nagar, Delhi.

5.

It is stated that the complaint was made by the prosecutrix on 27.10.2021 and the parties got married on 09.11.2021. In the meantime, FIR was registered on 07.11.2021. The zero FIR was registered in this case at the instance of prosecutrix. It is further stated that pursuant to the marriage, parties were blessed with a child who is about one year. 6.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that the marriage was solemnized without any threat, pressure or coercion and after her conversion to Hinduism. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between them and they have been living together for the last 02 years alongwith their minor child. Respondent no. 2 further stated that she has no objection if FIR may be quashed. 7.

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 purpose will be served by continuing the proceedings, rather the same would The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 8.

Considering the overall facts and circumstances of the case, FIR bearing no. 553/2021 registered at Police Station Mukherjee Nagar, Delhi for offence punishable under Sections 376/506/509 of the IPC and all consequential proceedings emanating therefrom are quashed. 9.

In view of above, the present petition stands disposed of. 10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 14, 2024/ns 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.