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High Court of DelhiCRL.M.C./7047/2024

Sandeep Gupta v. The State NCT Of Delhi And ANR.

2024-09-06Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7047/2024 SANDEEP GUPTA .....Petitioner Through:

Ms. Gitanjali Malviya, Ms. Sana-ulHaq, Mr. Sunil Sagar and Mohd. Tabish, Advocates with petitioner in person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, Ld. APP for State.

Mr. Mohit Ahuja, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 06.09.2024 CRL.M.A. 26905/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

CRL.M.C. 7047/2024 3.

A Petition under Section 528 BNSS has been filed on behalf of the petitioner seeking quashing of FIR No.645/2023 under Sections 376(2)(N)/506/509/341/354(D) IPC registered at Police Station Anand Parbat.

4.

Briefly stated, the petitioner and respondent No.2/complainant were The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

living in a Live In relationship from November, 2022 till 29.12.2023 and the petitioner was bearing the expenses of the complainant and her family members till December, 2023.

The family of the complainant were well aware of the complainant living with the petitioner at his house and travelling for outings, shopping and pilgrimage etc. Due to some misunderstanding between them, the respondent No.2 lodged FIR No.645/2023 under Sections 376(2)(N)/506/509/341/354(D) IPC at Police Station Anand Parbat against the petitioner.

5.

It is submitted that both the petitioner and respondent No. 2 have already sorted out their all differences with the intervention of their respective persons of the family and they have left with no grudge or grievance against each other in any manner whatsoever. The copy of affidavit of the complainant/respondent No.2 is annexed along with the Petition.

It is submitted that the Settlement has been arrived at between them without any pressure or coercion from any corner and they undertake to abide by the terms of the Settlement which was formally arrived at between them and has been reduced to writing today on 06.09.2024. Therefore, the Petition be quashed.

6.

The complainant is present in the Court and submits that the matter stands settled with the petitioner and she intends to get married with someone in the near future. She has no objection if the FIR is quashed against the petitioner on account of the settlement arrived at between the parties.

7.

The parties are present before this Court in-person today, and have been identified by their counsels and Investigating Officer concerned. 8.

In view of the submissions made, the Petition is allowed.

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

Accordingly, the FIR bearing No645/2023 registered at Police Station Anand Parbat, for offences punishable under Sections 376(2)(N)/506/509/341/354(D) of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua the petitioner.

9.

The Memorandum of Understanding dated 06.09.2024 between the petitioner and respondent No.2 filed today, be taken on record. 10.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 6, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.