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High Court of DelhiCRL.A./946/2024

Furkan v. The State NCT Of Delhi

2024-10-22Hon'Ble Mr. Justice Dinesh Kumar Sharma82 pages

$~85 CRL.A. 946/2024 FURKAN .....Appellant Mr. Aashish George, Mr. R. K.

Jeenwal, Mr. Jibin Jose, Advs.

THE STATE NCT OF DELHI .....Respondent Ms. Priyanka Dalal, APP for the state with SI Naveen Kumar, PS Mehrauli 22.10.2024 CRL.A. 946/2024

1. The present appeal has been filed under Section 415 read with Section 528 of BNSS, 2023 challenging the judgment dated 28.08.2024 in case FIR No. 696/2023 registered at PS Mehrauli under sections 308 IPC. Learned ASJ-06, South, Saket, New Delhi in Session Case No.203/2024 convicted the appellant for the offence under Section 308 IPC. Learned ASJ vide order dated 27.09.2024 awarded RI for one year along with a fine of Rs.20,000/- and in default thereof, RI for three months.

2. Learned counsel for the appellant submits on instructions that the appellant is not challenging the legality of the conviction recorded by the learned ASJ for the offence under Section 308 IPC. However, the learned counsel submits that the appellant has already undergone The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

custody of around seven months. Learned counsel further submits that the appellant is very poor person and is unable to pay fine. Learned counsel submits that the appellant is the first time offender and he submits that order on sentence of appellant may be modified to the extent that the appellant may be convicted for the period undergone.

3. Learned APP for the State submits that the appellant has been convicted vide a reasoned judgment passed by the learned Trial Court. Learned APP further submits that the learned Trial Court has already taken a lenient view and therefore the order on sentence may not be modified.

4. The Court has gone through the trial Court record and impugned judgment recorded by the learned ASJ. I consider that learned ASJ has recorded the conviction of the appellant on the basis of the substantive material on the record and there are no reasons to interfere the same. Hence in view of the reasons given in the judgment and as well as submissions made by the learned counsel for the appellant, the judgment dated 28.08.2024 holding the appellant guilty for the offence under Section 308 IPC is upheld.

5. In view of the above, the present appeal stands disposed of. CRL.M.(BAIL) 1696/2024

6. Learned ASJ-06, South, Saket, New Delhi in Session Case No.203/2024 convicted the appellant for the offence under Section 308 IPC. Learned ASJ vide order dated 27.09.2024 awarded the RI for one year along with a fine of Rs.20,000/- and in default RI for three months.

7. As per Nominal Roll dated 16.10.2024, the appellant has already The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

undergone custody of seven months and 20 days as on 16.10.2024, the appellant is around 23 years of age and there are no previous criminal antecedent and behaviour in the jail has been shown to be satisfactory. Taking into account the facts and circumstances of the case, the order on sentence is modified to the extent that appellant is convicted for the period of 6 months and a fine of Rs.5,000/- and in default SI for two months. Let the fine of Rs.5,000/- be deposited with the learned Trial Court.

8. In view of the above, the present application stands disposed of. OCTOBER 22, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~6 BAIL APPLN. 3581/2024 DEEPAK @ TATTU .....Petitioner Mr. Abhishek Chauhan, Ms. Shaili Gupta, Advs.

THE STATE ( GOVT. OF N.C.T DELHI) .....Respondent Mr. Mukesh Kumar, APP for the State with Inspector Kailash Kr.

Phogat, PS Karol Bagh 22.10.2024

1. The present application has been filed seeking regular bail in case FIR No.1188/2023 registered at PS Kaorl Bagh under Sections 395/412/120B IPC.

2. Leaned counsel for the petitioner submits that he has been implicated falsely and is in custody since 07.11.2023.

3. Issue notice. Learned APP for the State has accepted the notice.

4. Let the reply be filed before the next date of hearing.

5. List on 25.11.2024.

OCTOBER 22, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~7 CRL.A. 371/2022 NEETU @ RADHA .....Appellant Mr. M.K.Perwez, Adv.

STATE .....Respondent Ms. Priyanka Dalal, APP for the State with SI Dharmender, Spl Cell & STF Delhi 22.10.2024 CRL.M.(BAIL) 1742/2023 Learned Counsel submits that the sentence has already been suspended by this Court vide order dated 07.08.2024 in CRL.M.(Bail) 1303/2024.In view of the above, the present application is dismissed being infructuous.

CRL.A. 371/2022 List in due course.

OCTOBER 22, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~10 CRL.A. 827/2024 MOHD. ALI .....Appellant Mr. Hitakshi Bhatnagar, Mr.Mehuban Singh, Ms.

Yashasvi Bhatnagar, Advs.

THE STATE NCT OF DELHI & ANR.

.....Respondents Mr. Mukesh Kumar, APP for State with SI Sangeeta, PS S.B. Dairy 22.10.2024 CRL.M.(BAIL) 1484/2024 The present application has been filed under Section 430 BNSS for the suspension of sentence on behalf of the appellant. As per the nominal roll, the appellant has been undergone sentence of one year and four months besides the earning the remission of one month. Learned counsel for the appellant submits that predominantly, appellant was on bail during the trial period and the same was never misused. It has further been submitted that the hearing may take a long time, therefore sentence may be suspended.

Learned APP for the State has opposed the application for suspension of sentence and submits that the appellant has been convicted for the offence The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Section 354 IPC and 10 POCSO Act.

Learned APP for the State also submits that notice to the prosecutrix has not been issued.

Learned counsel for the appellant submits that she has already sent the copy of the appeal to the victim.

Let notice be issued to prosecutrix through IO, returnable on 22.11.2024.

OCTOBER 22, 2024 Pallavi/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~75 CRL.M.C. 8359/2024, CRL.M.A.31920/2024 MR. KASHI PATEL .....Petitioner Mr.

Tanveer Ahmed Mir, Mr.

Vaibhav Suri, Ms. Anushka Khaitan, Ms. Prerna, Advs.

STATE OF NCT DELHI AND ANR .....Respondent Mr. Pradeep Gahalot, APP for State with SI Jitender Kr. Meena, PS Malviya Nagar 22.10.2024

1. The present petition has been filed seeking quashing of FIR No.339/2024 dated 04.07.2024 registered at PS Malviya Nagar under Sections 290/125A of BNS,2023.

2. Issue notice.

3. Learned APP for the State has accepted the notice.

4. The complainant/respondent No.2 is present in person.

5. Mr. Tanvir Mir Ahmad, learned counsel for the petitioner submits that, Late Mr. Ismail had suffered injuries while engaged in construction work for the petitioner and therefore, the present FIR was lodged. Learned counsel further submits that the during the course of treatment of Late Mr. Ismail, the petitioner had spent approximately Rs.6,00,000/-. Learned counsel also submits that thereafter on 06.09.2024, Mr. Ismail passed away at his native village, Begusarai, Bihar. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6. Learned counsel submits that as per the MOU, the petitioner has further agreed to pay Rs.2,00,000/-

7. During the course of the interaction with the respondent No.2, it transpires that the respondent No.2 has seven children (six daughters and one son) born out the marriage between the respondent No.2 and Late Mr. Ismail.

8. Learned counsel for the petitioner submits that the petitioner shall increase the compensation to Rs.6,00,000/-

9. Mr. Satyanarayan, Advocate (mobile No.9810224033) who is present in Court is requested to assist the respondent No.2 for the purpose of disbursal of the amount to the Children and wife of Late Mr. Ismail.

10. List on 04.11.2024.

OCTOBER 22, 2024 Pallavi/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~14 CRL.M.C. 5725/2018 IMRAN @ SABBAR & ORS.

.....Petitioners Mr. Rupesh Kumar, Adv.(VC) STATE & ANR.

.....Respondents Mr. Mukesh Kumar, APP for State with SI Bharat Singh, PS Uttam Nagar 22.10.2024 CRL.M.A. 27196/2024 in CRL.M.C. 5725/2018 CRL.M.A. 27197/2024 in CRL.M.C. 5725/2018 It is already 4.30 PM.

Re-notify on 18.11.2024.

OCTOBER 22, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~50 CRL.L.P. 3/2024, CRL.M.A. 59/2024 SMT SHASHI MAGGON .....Petitioner Mr. Vivek Malhotra, Adv.(VC) KARAN VIJ .....Respondent 22.10.2024 Issue fresh notice to the respondent through all permissible modes upon steps being taken by the petitioner, returnable on 21.01.2025. OCTOBER 22, 2024 Pallavi/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~50 CRL.A. 983/2024, CRL.M.A. 31974/2024, CRL.M.A. 31975/2024, CRL.M.A. 31976/2024 SHRI PRADIP BURMAN .....Appellant Mr. Sudhir Makkar, Sr. Adv. with Mr.

Sumit Garg, Ms. Saumya Gupta, Mr.

Yadharth Namdev, Mr.Harshit Singhal, Ms. Aadhya Shrotiya, Advs.

SPECIAL DIRECTORATE OF ENFORCEMENT & ANR.

.....Respondents Mr. Vivek Gurnani, Panel Counsel for ED with Mr. Pranja Tripathi, Mr.

Kanishk Maurya, Advs.

23.10.2024

1. The present appeal has been filed under Section 35 of the Foreign Exchange Management Act, 1999 challenging final order dated 18.07.2023 passed by the learned Appellate Tribunal dismissing Appeal No. FPA-FE-112/DLI/2018 titled „Pradip Burman V. The Deputy Director Directorate of Enforcement, New Delhi'.

2. Mr. Vivek Gurnani, Panel counsel for ED has appeared on advance notice.

3. At the outset, learned special counsel submits that the coordinate Bench of this Court in CRL.A.No. 923/2024 titled as Somesh Duggal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

v. Special Director Directorate of Enforcement and CRL.A. No.806/2024 titled as Prakash Chandra Yadav v. Directorate of Enforcement has sent the matter to the Hon‟ble the Chief Justice for appropriate directions.

4. Learned special counsel submits that pursuant to that, the CRL.A.No. 923/2024 titled as Somesh Duggal v. Special Director Directorate of Enforcement was listed yesterday before the DB-III.

5. Mr.Sudhir Makkar, learned senior counsel for the appellant submits that the present matter may be placed before the roster bench subject to the orders of Hon‟ble the Chief Justice.

6. Let the matter be placed before the roster bench subject to the orders of Hon‟ble the Chief Justice for appropriate directions on 04.11.2024. OCTOBER 23, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~48 BAIL APPLN. 3805/2021 NEETU SINGH .....Petitioner None.

STATE OF NCT OF DELHI .....Respondent Ms. Nandita Rao, ASC with Mr.

Amit Peshwani, Adv.

24.10.2024 Pursuant to the order dated 03.07.2024, the response has not been filed by the learned Amicus Curiae.

List the matter on 24.12.2024.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~19 CRL.L.P. 14/2024, CRL.M.A. 338/2024 VINAY KUMAR TIWARI .....Petitioner Petitioner in person.

VIJAY KUMAR SHUKLA .....Respondent 24.10.2024 Respondent has not been served.

Let respondent be served through all permissible modes upon takings steps by the petitioner, returnable on 14.02.2025. OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~18 CRL.L.P. 708/2017 SAROJ BALA .....Petitioner Ms. Asha Rani, Adv.

THE STATE GOVT OF NCT OF DELHI & ANR .....Respondents Mr. Pradeep Gahalot, APP for the State with SI Rekha, PS Tilak Marg.

24.10.2024 Both the parties are directed to file the brief written submissions not exceeding three pages along with relevant judgments they wish to rely upon within four weeks with an advance copy to the opposite party. List on 14.01.2025.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~16 W.P.(CRL) 2487/2024, CRL.M.A. 24154/2024 SHYAM SUNDAR AND ANR .....Petitioners Mr. Venkita Subramonium, Mr. Rahat Bansal, Md. Hakim Khan, Advs.

NATIONAL INVESTIGATING AGENCY AND OTHERS .....Respondents 24.10.2024 CRL.M.A. 24155-56/2024 (exemption) Exemption is allowed subject to all just exceptions. W.P.(CRL) 2487/2024 The present petition has been filed seeking following prayers; (a) Direct the Tahsildar, Sonepat, Haryana to clarify that the attachment order pertains to only 5 marla 5 sarai (as mentioned in the Notice of Attachment issue by NIA) of land alone and the remaining land has got no connection whatsoever with the FIR No. RC-39/2022/NIA/DLI dated 26.08.2022; and (b) Pass any other order or orders or writ or direction that this Hon'ble Court may deem fit and proper in the circumstances of the case.

Issue notice to the respondent through all permissible modes upon taking steps by the petitioners, returnable on 31.01.2025. OCTOBER 24, 2024/Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~13 W.P.(CRL) 1040/2024 SMT. SHRISHTI JAIN .....Petitioner THE STATE(GOVT OF NCT DELHI) THROUGH PS BHARAT NAGAR & ANR.

.....Respondents Ms. Nandita Rao, ASC with Mr. Amit Peshwani, Adv. with SI Rohit Chahar, PS Bharat Nagar.

Mr. Rajesh Ranjan Singh, Ms. Preeti Chaudhary, Advs. for R-2 24.10.2024 None has appeared even on the second call.

The present petition is dismissed in default for non prosecution. OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~12 CRL.A. 292/2022, CRL.M.A. 33463/2023 RAMBIR SINGH .....Appellant Mr. Balram, Mr. Harvinder Singh, Advs. with appellant.

BSES RAJDHANI POWER LIMITED & ANR. .....Respondents Mr. Sharique Hussain, Adv.

24.10.2024 Both the parties are directed to file the brief written submissions not exceeding three pages along with relevant judgments they wish to rely upon within four weeks with an advance copy to the opposite party. List on 17.02.2025.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~11 CRL.A. 1174/2017 RAJ KUMAR .....Appellant Ms. Pallavi Kansal, Mr. Saurabh Kansal, Mr.

Manish Kumar, Mr.Raghav Vij, Mr. Pratham Malik, Advs.

Accused produced from JC through VC STATE .....Respondent Mr. Pradeep Gahalot, APP for the State with SI Priyakta, PS Jahangir Puri.

24.10.2024 CRL.M.A.

22236/2022, CRL.M.A.

22237/2022 ,CRL.M.A.

1855/2023,CRL.M.A. 30250/2024 in CRL.A. 1174/2017 Learned counsel for the appellant has pressed his application bearing CRL.M.A. 22236/2017 in CRL.A. 1174/2017 for the concurrent running of sentences in both cases. The learned counsel submits that the appellant has been in custody since 09.09.2015. It has been further submitted that the appellant has been in custody since 09.09.2015 in FIR No. 811/2015 and was taken into custody on 08.10.2015 in FIR No. 242/2015. Additionally, as per the Nominal Roll dated 22.06.2023 in FIR No. 811/2015, the appellant has undergone three years and six months,with a remission of four months, whereas, as per the Nominal Roll dated 24.07.2023 in FIR No. 242/2015, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

appellant has undergone six years and three months, with a remission of one year eight months.

Let the updated Nominal Roll be called from the concerned Jail Superintendent Jail before the next date of hearing. A report be also called from the concerned Jail Superintendent regarding the conduct of the appellant in custody before the next date of hearing. List on 08.11.2024.

In the meantime, appellant is directed to file the brief written submissions not exceeding three pages along with relevant judgments they wish to rely upon within two weeks with an advance copy to the opposite party.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~10 CRL.A. 176/2017 RAJ KUMAR .....Appellant Mr. Sumer Kumar Sethi, Adv.

Accused produced from JC through VC STATE .....Respondent Mr. Pradeep Gahalot, APP for the State with SI Sargam Bhardwaj, PS Adarsh Nagar.

24.10.2024 Learned counsel for the appellant has pressed his application bearing CRL.M.A. 22236/2017 in CRL.A. 1174/2017 for the concurrent running of sentences in both cases. The learned counsel submits that the appellant has been in custody since 09.09.2015. It has been further submitted that the appellant has been in custody since 09.09.2015 in FIR No. 811/2015 and was taken into custody on 08.10.2015 in FIR No. 242/2015. Additionally, as per the Nominal Roll dated 22.06.2023 in FIR No. 811/2015, the appellant has undergone three years and six months,with a remission of four months, whereas, as per the Nominal Roll dated 24.07.2023 in FIR No. 242/2015, the appellant has undergone six years and three months, with a remission of one year eight months.

Let the updated Nominal Roll be called from the concerned Jail Superintendent Jail before the next date of hearing. A report be also called The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

from the concerned Jail Superintendent regarding the conduct of the appellant in custody before the next date of hearing. List on 08.11.2024.

In the meantime, appellant is directed to file the brief written submissions not exceeding three pages along with relevant judgments they wish to rely upon within two weeks with an advance copy to the opposite party.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~8 CRL.A. 108/2017 MMTC LTD .....Appellant Mr. Ashok Chhabra, Adv.

GLITTER OVERSEAS & ORS .....Respondents 24.10.2024 Notice issued to the respondent has not been served as steps were not taken by the appellant.

Let fresh notice be issued to the respondent upon takings steps by the appellant through all permissible modes, returnable on 28.01.2025. OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~9 CRL.A. 109/2017 MMTC .....Appellant Mr. Ashok Chhabra, Adv.

ASHOK KUMAR .....Respondent 24.10.2024 Notice issued to the respondent has not been served as steps were not taken by the appellant.

Let fresh notice be issued to the respondent upon takings steps by the appellant through all permissible modes, returnable on 28.01.2025. OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~7 CRL.M.C. 7760/2024 DHARMENDER .....Petitioner THE STATE GOVT.OF NCT OF DELHI .....Respondent Mr. Mukesh Kumar, APP for the State with SI Suresh Kumar, PS Kapashera Mr. S. S. Rajore, Adv. for R-2 24.10.2024 CRL.M.A. 29614/2024 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 7760/2024 The present petition has been filed challenging the order dated 09.12.2023 passed by the learned ASJ-03, Special Judge, Companies Act, Dwarka Courts S/W, New Delhi which was dismissed being not maintainable.

Issue notice. Learned APP for the State has accepted the notice and seeks time to file the reply.

Let reply be filed.

List on 13.12.2024.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~5 CRL.M.C. 5694/2024 BAHIDULLAS @ BAIDUL .....Petitioner None.

STATE OF NCT DELHI .....Respondent Ms. Priyanka Dalal, APP for the State with SI Naveen Yadav, PS NFC 24.10.2024 None has appeared for the petitioner.

Learned APP for the State submits that the status report has been filed. However, the same is not on the record. Let the same be brought on the record.

List on 19.12.2024.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~4 CRL.M.C. 2940/2024 SAGAR GEHLOT AND ORS .....Petitioners Mr. RakeshTanwar, Ms. Sanjana Gupta, Mr. Mrigank Kumar Singh, Advs.

STATE OF NCT OF DELHI AND ORS .....Respondents Mr. Mukesh Kumar, APP for the State Mr. Hanish Saharawat, Mr. Vikas Bhatiya, Advs. for R-2 & 3.

24.10.2024 Learned counsel for the respondent No.2 and 3 seeks time to file the reply.

Let reply be filed within four weeks with an advance copy to the learned counsel for the petitioner.

List on 17.12.2024.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~3 BAIL APPLN. 3538/2024 VISHAL @ JOHNY .....Petitioner Mr. Joginder Tuli, Mr. Joshini Tuli, Mr. Saurabh Mishra, Ms. Sonu Kumari, Advs.

STATE (NCT OF DELHI) .....Respondent Ms. Priyanaka Dalal, APP for the State with Inspector Bijay Kumar, PS Bawana.

24.10.2024 Pursuant to the order dated 01.10.2024, the status report dated 21.10.2024 has been received, wherein it was reiterated that the trial against all the accused persons has concluded, except for the testimony of defence witness Anjal Gupta, who was unavailable due to medical reasons. Learned counsel submits that the matter is now scheduled for 08.11.2024 before the learned Trial Court for recording the defence evidence on behalf of Anjal Gupta.

The learned Trial Court is requested to complete the testimony of defence witness Anjal Gupta on 08.11.2024. As the entire prosecution evidence has already been recorded, let the Trial Court Record (TCR) be called in digital format before the next date of hearing. List on 20.11.2024.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~2 BAIL APPLN. 2866/2024, CRL.M.A. 24062/2024 ASLAM KHAN .....Petitioner Mr.Girish Kumar Sharma, Mr. Dhurv Kumar Sharma, Ms. Aayushi Gaur, Mr. R. Sahil, Mr.Advs.

THE STATE NCT OF DELHI .....Respondent Ms. Priyanka Dalal, APP for the State with SI Deepak, PS Cyber Central, Delhi.

24.10.2024 Learned counsel for the petitioner submits that the petitioner has already moved an application for recall of process under Section 82 Cr. PC before the learned Trial Court.

List on 06.11.2024.

OCTOBER 24, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~9 BAIL APPLN. 3131/2024 RAVI SHARMA .....Petitioner Mr.Praveen Goswami, Adv.(VC) THE STATE (GOVT. N.C.T. OF DELHI) & ANR. ....Respondents Ms. Priyanka Dalal, APP for the State with Inspector Madhurendra Kumar, PS Bara Hindu Rao 25.10.2024 Let the status report be called from the learned Trial Court regarding the status of trial.

Learned Trial Court is requested to specify the date of filing of the chargesheet and the date of framing of charge and the number of witnesses examined so far. The report should also include the status of examination of the eye witnesses/material witnesses.

List on 12.11.2024.

OCTOBER 25, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~29 CRL.M.C. 4641/2024, CRL.M.A. 17399/2024 SUKHBLR SINGH SHOKEEN .....Petitioner Mr. N. Hariharan, Sr. Adv., Mr.

Siddharth Yadav, Mr.

Shadman Ahmed Siddiqui, Mr. Anurag Nasiar, Mr. Sidharth S. Yadav, Mr. Nikita Jain, Mr. Rahul Gupta, Mr. Kartik Pandey, Advs.

ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT .....Respondent Mr. Manish Jain, Special Counsel, Mr. Sougata Ganguly, Ms. Gulnaz Khan, Advs.

25.10.2024 No time left.

List on 08.11.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~14 CRL.REV.P. 642/2024 ANIL .....Petitioner Mr. Yashuir Singh, Kadian, Adv.

STATE NCT OF DELHI .....Respondent Mr. Pradeep Gahalot, APP for State with SI Sumit, PS Bawana 25.10.2024 No time left.

Re-notify on 19.02.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~45 CRL.L.P. 258/2020 YOGESH RAJ .....Petitioner Mr. Piyush Pahuja, Adv.

ANJU NANDA .....Respondent 25.10.2024 No time left.

Re-notify on 13.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~44 CRL.L.P. 476/2016, CRL.M.A. 13947/2016 STATE THR. CBI .....Petitioner Mr.

Ripudaman Bhardwaj, Mr.

Kushagra Kumar, Mr.

Abhinav Bhardwaj, Advs. for CBI G R MEENA & ORS.

.....Respondents Mr. Neeraj Chaudhari, Mr. Akshay Chandra, Advs. for R-2&3 Ms. Himani Singh, Adv. for R-1 25.10.2024 No time left.

Re-notify on 28.11.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~43 CRL.L.P. 5/2015 DIRECTORATE OF REVENUE INTELLIGENCE .....Petitioner AVTAR SINGH @ KARTAR SINGH .....Respondent 25.10.2024 CRL.M.A. 50424/2018 and CRL.M.A. 25249/2022 in CRL.L.P. 5/2015 No time left.

Re-notify on 23.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~42 CRL.REV.P. 354/2024 GAURAV TYAGI .....Petitioner Mr. Sumit Sehrawat, Mr. Aditya Thakur, Advs. with the petitioner SHALU AND ORS .....Respondents 25.10.2024 CRL.M.A. 28663/2024 in CRL.REV.P. 354/2024 No time left.

Re-notify on 24.12.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~41 CRL.REV.P. 264/2021 SEEMA SHARMA .....Petitioner Mr. Hinan Kumar Patra, Mr. Preetish Sahu, Advs.

CENTRAL BUREAU OF INVESTIGATION .....Respondent Ms. Anubha Bhardwaj, SPP-CBI, Mr. Vishal Sharma, Mr. Ujjwal Chaudhary, Advs.

25.10.2024 No time left.

Re-notify on 20.02.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~40 CRL.REV.P.

236/2021, CRL.M.A.

11794/2021, CRL.M.A.

8392/2024, CRL.M.A. 24948/2024 GAUHAR HUSSAIN .....Petitioner Mr. Gauhar Hussain, Mr. Amit Khanna, Advs. (VC) MUMTAZ ARA & ORS.

.....Respondents Mr. Ashok Gurnani, Mr. Abhishek Singh, Advs.for R-1&2 25.10.2024 No time left.

Re-notify on 13.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~39 CRL.REV.P. 32/2021, CRL.M.A. 1205/2021 MANISH TYAGI .....Petitioner Mr. Ajay Garg, Mr. Uday Garg, Ms.

Tripti Gola, Mr. Ganesh Ojha, Ms.

Surbhi Soni, Advs.

CBI & ANR.

.....Respondents Mr.

Ripudaman Bhardwaj, Mr.

Kushagra Kumar, Mr.

Abhinav Bhardwaj, Advs. for CBI Mr. Sushil Kumar Gupta, Mr. Sakshit Bhardwaj, Advs. for R-2 (VC) 25.10.2024 No time left.

Re-notify on 05.02.2025.

Interim orders, if any, to continue.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~38 CRL.REV.P.

345/2021, CRL.M.A.

17185/2021, CRL.M.A.

17187/2021 RUCHIKA JAIN .....Petitioner Ms. Mallika Parmar, Adv. (VC) ABHISHEK JAIN & ORS.

.....Respondents Mr. Mritunjay, Mr. Anuj Jain, Advs.

for R-2 25.10.2024 No time left.

Re-notify on 14.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~37 CRL.REV.P.

267/2021, CRL.M.A.

13834/2021, CRL.M.A.

4058/2022, CRL.M.A. 323/2023 ABHISHEK JAIN .....Petitioner Mr. Mritunjay, Mr. Anuj Jain, Advs.

RUCHIKA JAIN & ORS.

.....Respondents Ms. Mallika Parmar, Adv. for R-1 (VC) 25.10.2024 No time left.

Re-notify on 14.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~36 CONT.CAS(C) 9/2024, CM APPL. 182/2024 RUCHIKA JAIN .....Petitioner Mr. Vaibhav Vats, DHCLSC Petitioner in-person ABHISHEK JAIN .....Respondent Mr. Mritunjay, Mr. Anuj Jain, Advs.

25.10.2024 No time left.

Re-notify on 14.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~35 TR.P.(CRL.) 106/2023 SUNDARI & ANR.

.....Petitioners Ms. Tanya Agarwal, DHCLSC and Mr. Gaurav Kalra, Adv. (VC) THE STATE (GOVT. OF NCT OF DELHI) & ORS.

.....Respondents Mr. Mukesh Kumar, APP for State 25.10.2024 No time left.

Re-notify on 13.012.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~34 TR.P.(CRL.) 49/2017 MS. SAROJ KUMARI .....Petitioner Mr. I.G.S. Mehra, Adv.

Complainant in-person MS. SARVAN KUMAR SARWAN .....Respondent 25.10.2024 No time left.

Re-notify on 13.12.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~26 CRL.M.C. 3929/2018 SHREE MAHAVIR JEE TRADING CORPORATION .....Petitioner GOVT. OF NCT OF DELHI & ANR .....Respondents Ms. Kirant Bairwa, APP for the State 25.10.2024 No time left.

Re-notify on 16.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~22 W.P.(CRL) 2271/2024 AZHAR KHAN .....Petitioner Mr.

Shruti Raina, Mr.

Tanay Chaturvedi, Mr. Paritosh Tengshe, Advs.

STATE NCT OF DELHI AND ORS .....Respondents Mr. Sanjeev Bhandari, ASC for State with SI Rinku, PS Janakpuri, SI Neeraj,PS Patel Nagar, SI Rajiv Ranjan, PS Mayapuri, SI Upender Singh, PS VK South and SI Krishan Kumar, PS Vikas Puri 25.10.2024 CRL.M.A. 29444/2024 in W.P.(CRL) 2271/2024 No time left.

Re-notify on 29.11.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~21 W.P.(CRL) 353/2024, CRL.M.A. 3284/2024 ADITYA MOHAN NIGAM & ANR.

.....Petitioners Mr. Shobhana Talwar, Mr. Shivam Talwar, Mr. Prateek, Advs.

THE STATE NCT OF DELHI & ANR.

.....Respondents Mr. Rahul Tyagi, ASC for State with SI Ramvatar, PS Hauz Khas Ms. Kavita Nigam, Adv. for R-2(VC) 25.10.2024 No time left.

Re-notify on 14.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~20 W.P.(CRL) 2442/2022 KRISHAN KUMAR .....Petitioner Mr. Madhav Khurana, Amicus Curiae with Ms. Shaurya Singh, Adv..

Mr.

Amit Kumar, Mr.

R.P.

Srivastava, Ms. Khushboo Sharma, Mr. Yash Patel, Advs.

STATE GOVT OF NCT OF DELHI & ORS.

.....Respondents Mr. Sanjeev Bhandari, ASC for State with Inspector Pukhraj Singh, PS North Rohini 25.10.2024 No time left.

Re-notify on 13.12.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~16 W.P.(CRL) 606/2022 JAIPAL SINGH .....Petitioner Mr. Deepak Acharya, Adv. with petitoner STATE & ANR.

.....Respondents Ms. Nandita Rao, ASC for State Mr. Nikhil Saran, Mr. Tanishq Pathak, Adv. for Respondent No. 2 R-2&3 in-person 25.10.2024 No time left.

Re-notify on 19.11.2024.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~15 CRL.M.C. 4450/2018 SHASHI .....Petitioner Mr. Alakh Alok Srivastava, Mr.

Rishabh Bafna, Advs.

STATE & ANR.

.....Respondents Mr. Pradeep Gahalot, APP for State with SI Anil Kumar, PS Vijay Vihar Mr. Ayush Shrivastava, Adv. for R-2 (VC) 25.10.2024 No time left.

Re-notify on 24.01.2025.

OCTOBER 25, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~70 CRL.A. 962/2023, CRM.(BAIL)1640/2023 SATISH KUMAR @ SATISH SHARMA .....Appellant None.

CENTRAL BUREAU OF INVESTIGATION .....Respondent Mr. Ripudaman Bhardwaj, SPP with Mr.

Kushagra Kumar and Mr.

Abhinav Bhardwaj, Advs 25.10.2024 The matter has been received by way of transfer. List the matter before the Roster Bench on 28.10.2024. OCTOBER 25, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~67 W.P.(CRL) 3380/2024 SATISH KUMAR .....Petitioner Mr. Saurabh Jhamb and Mr. Vishal Rawal, Advs.

with Ms.

lata Maheshwari (parokar of petitioner.) THE STATE GOVT. OF NCT OF DELHI AND ANR....Respondents Mr. Sanjay Lao, SC with Mr.

Abhinav Kumar, Mr.Priyam Agrawal, Advs. with SI Rahul Tomar, PS Gandhi Nagar.

Mr. Vinod Pal, Mr. Anuj Jain, Advs.

for R-2 with R-2 in person.

28.10.2024 CRL.M.A. 32554/2024 (Exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 3380/2024

1. The present petition has been filed seeking quashing of FIR bearing No.237/2014 registered at PS Gandhi Nagar, Delhi under Sections 498A/406/34 IPC on the basis of settlement.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 04.02.2011 in accordance with the Hindu Rites and Ceremonies. One Child namely Master Ayush was born who is in custody and care of Respondent No.2. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, East, Karkardooma Courts, Delhi.

3. Learned counsel for the petitioner submits that the petitioner/husband is stated to be mentally retarded person suffering from moderate intellectual impairment (IQ-44) which amounts to permanent disability of 75%. Disability certificate and Concession Certificate issued by IBHAS (as Annexure A) has been placed on the record. The present petition is filed by the petitioner through his sister namely Lata Maheshwari as Parokar of the petitioner. Learned counsel for the petitioner submits that other co-accused persons namely Govind Ram (Father-in-law) and Smt. Krishna (mother-in-law) parents of the petitioners have already expired on 09.12.2018 and 24.07.2023 respectively. The death certificates of them are already placed on the record. Learned counsel further submits that the matter between the parties have already been settled as per the settlement deed dated 01.09.2024.

4. Issue notice. Learned ASC for the State has accepted the notice.

5. Learned ASC for the State submits that in the chargesheet there were other co-accused persons who were placed on column No.3. However, learned ASC submits that these persons are not summoned.

6. Petitioner through Parokar and respondent No.2 submit that they have already settled the matter amicably vide settlement deed dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

01.09.2024 on the following terms and conditions; a) That an amount of Rs. 1,00,000/- (Rupees one Lakh Only) along with one male gold ring shall be paid by the first party to the second party before the court at the time of withdrawal of Domestic Violence complainant vide case no. 7143/2016 and Execution vide no. Ex.Crl. No. 118/2021 which are pending before the court of Ms. Rishika Srivastava, Ld. M.M., Mahila Court, East, KKD Courts, Delhi.

b) That remaining amount of Rs. 75,000/- (Rupees Seventy Five Thousand Only) along with One Gold Necklace shall be paid by the first party to the second party at the time of quashing of the FIR No. 237/2014, U/S 498-A/406/506/341/34 I.P.C. was registered at P.S. Gandhi Nagar And whereas it is settled between the parties that the first party shall give the statement/NOC on behalf of Satish Kumar before the hon'ble court, in case the second party apply for the divorce on mutual consent.

And whereas it has been settled between the parties that the custody of the son namely Master Aayush shall be remains with second party and it is also agreed between the parties that the first party or their family member shall never claim the custody of the minor son master ayush from the second party in future also.

And whereas both the parties have settled all their claims of full and final settlement as present, past and future maintenance, permanent alimony etc. and nothing remains of the second party and Master Aayush towards the first party in respect of any istridhan/ dowry/maintenance etc.

And whereas neither of the parties will file any petition U/s 9 of HMA for Restitution Of Conjugal Rights against each other in any court of law in Delhi or outside Delhi. Neither the first party will file any petition under Guardianship Act for the custody of Master Aayush nor the second party will file any petition for maintenance U/s 125 Cr.P.C. for herself or for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Master Aayush, Criminal case U/s 406/498A IPC or any other complaint U/s 12 of PWDV Act against the first party either before women Cell/Police Station/ Court of law in Delhi or outside Delhi in any manner.

And whereas the second party shall have no interest/right in any movable and immovable properties either in the name of first party and neither they will claim over the properties of the first party and in the same manner the first party shall have no interest/right in any movable and immovable properties of the second party and neither he will claim over the properties either in the name of second party and her family members in any manner in future in Delhi or outside Delhi. And whereas at the time of execution of this settlement, both the parties are in sound and disposing mind not suffering from any mental disorder or insanity and there are no any kind of pressure, coercion, threats or undue influence from any corner over either the party.

And whereas all the terms and conditions and contents of this deed have been read over to both the parties in their vernacular language for which both the parties have no objection.

7. Today, as per settlement, a Demand Draft bearing No. 185345 dated 19.10.2024 drawn from Central Bank of India for the sum of Rs.75,000/- in the name of Seema Gupta is handed over to the complainant/respondent No.2 by Ms. Lata Maheshwari, Parokar of the petitioner.

8. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She further states that she has no objection if FIR bearing No.237/2014 registered at PS Gandhi Nagar, Delhi under Sections 498A/406/34 IPC and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom.

9. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 ;K. Srinivas Rao v. D.A.Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

10. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

11. In view of the above, FIR bearing No.237/2014 registered at PS Gandhi Nagar, Delhi under Sections 498A/406/34 IPC and all the other proceedings emanating therefrom are quashed.

12. The present petition along with all the pending applications stands disposed of.

OCTOBER 28, 2024 Pallavi/HT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~54 BAIL APPLN. 3935/2024 MANISH @SHIVAM @RDX .....Petitioner Mr. Rohan Wadhwa, Mr. Ishan Gill, Mr. Yuvraj Bansal, Advs.

STATE OF NCT OF DELHI & ANR.

.....Respondents Ms.Priyanka Dala, APP for the State with Inspector Ganesh Kumar, PS Badarpur 28.10.2024 CRL.M.A. 32547-48/2024 (Exemptions) Exemptions are allowed subject to all just exceptions. BAIL APPLN. 3935/2024

1. The present petition has been filed seeking regular bail in case FIR No.323/2019 under Sections 307/302/34 IPCPS Badarpur. The petitioner is stated to have been in custody since 06.09.2019 and charges were framed u/s 307/302/34 IPC & 24/54/59 of Arms Act on 10.02.2020.

2. Learned counsel for the petitioner submits that the entire case is based on circumstantial evidence and witnesses so far examined by the prosecution have material contradictions. It has further been submitted that only police personnel are left to be examined.

3. Issue notice. Learned APP for the State has accepted the notice. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4. Learned APP for the State submits that the dismissal bail order of the learned Trial Court is not on the record.

5. Learned counsel for the petitioner submits that he shall file the same.

6. Let the status report be filed.

7. List on 29.11.2024.

8. In the meantime, let the updated Nominal Roll be called from the concerned Jail Superintendent

9. Let TCR also be requisitioned in the digital format before the next date of hearing.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~55 BAIL APPLN. 3940/2024 SONU @ASHU .....Petitioner Mr. Ashok Kumar Soni, Ms. Zeba Parveen, Advs.

STATE GOVT. OF NCT OF DELHI .....Respondent Mr. Mukesh Kumar, APP for the state 28.10.2024 CRL.M.A. 32567/2024 (Exemption) Exemptions are allowed subject to all just exceptions. BAIL APPLN. 3940/2024

1. The present petition has been filed seeking regular bail in case FIR No.517/2024 under Sections 309(2)/309(4)/3(5) of BNS at PS Fatehpur Beri. The petitioner is stated to be in custody since 18.09.2019.

2. Learned counsel for the petitioner submits that the investigation has already been completed. It has further been submitted that the petitioner has no criminal antecedents and co-accused in the present case has already been granted bail.

3. Issue notice. Learned APP for the State has accepted the notice.

4. Let the status report be filed.

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

5. List on 27.11.2024.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~56 CRL.A. 299/2024 PARTH KUMAR VERMA .....Appellant Mr. Shishir Mathur, Adv.

CENTRAL BUREAU OF INVESTIGATION .....Respondent Mr. Ripudaman Bhardwaj, SPP with Mr.Kushagra Kumar, Mr. Abhinav Bhardwaj, Advs. for CBI 28.10.2024 CRL.M.A. 32642/2024 in CRL.A. 299/2024 This is an early hearing application.

Learned counsel for the appellant submits that a connected appeal bearing CRL.A.275/2024 has been fixed on 06.11.2024. In view of the above, the present application is allowed. CRL.A. 299/2024 List the matter on 06.11.2024.

Next date i.e. 12.11.2024 stands cancelled.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~57 CRL.A. 1002/2024 SHIVAM @ KANA .....Appellant Mr.

Anirudh Tanwar, Adv.(DHCLSC) STATE (NCT OF DELHI) .....Respondent Mr. Pradeep Gahalot, APP for the State with SI Rahul Tomar, PS Gandhi Nagar 28.10.2024 CRL.M.A. 32626/2024 (Exemption) Exemption is allowed subject to all just exceptions. CRL.A. 1002/2024

1. The present appeal has been filed challenging the impugned judgment dated 27.05.2024 in Session Case No.366/2024 arising out of FIR No. 307/2021 PS Gandhi Nagar under Section 392/397 IPC whereby the appellant has been convicted for the offence under Section 392/397 IPC.

2. Learned counsel for the appellant submits that learned Trial Court has wrongly convicted the appellant under Section 392/397, as the knife recovered in the present case does not fall into the definition of "Deadly weapon" as mentioned in Arms Act and also as per notification issued by the GNCTD of Delhi No.F-13/203/78-Home (G) dated 17.02.1979 .

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

3. Issue notice. Learned APP for the State has accepted the notice.

4. Let status report be filed.

5. List on 14.02.2025.

6. Let TCR be requisitioned in the digital format before the next date of hearing.

CRL.M.(BAIL) 1785/2024

7. This is an application seeking suspension of sentence.

8. Learned Trial Court vide order dated 18.09.2024, has sentenced the appellant to RI for five years and a fine of Rs.5,000/- in default SI for one month and sentenced to RI for a period of seven years for the offence under Section 399 IPC. The benefit under Section 468 of BNSS has been extended.

9. Learned counsel for the appellant submits that the appellant is 25 years of age and has already undergone sentence of three years and three months.

10. Issue notice. Learned APP for the State has accepted the notice.

11. In the meantime, let the updated Nominal Roll be called from the concerned Jail Superintendent.

12. List on 14.02.2025.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~58 CRL.L.P. 517/2024 SANDEEP SHOKEEN .....Petitioner Ms. Manisha Shokeen, Adv.

RAJESH SHARMA .....Respondent 28.10.2024 CRL.M.A. 32549/2024 (Exemption) Exemption is allowed subject to all just exceptions. CRL.L.P. 517/2024

1. The present appeal has been filed for leave to appealagainst the impugned judgment dated 05.06.2024 in criminal complaint No.15530/2020 under Section 138 of the NI Act whereby the learned Trial Court has recorded the acquittal of the respondent.

2. Learned counsel for the petitioner submits that the learned Trial Court has recorded the acquittal on mere denial of the respondent that he was under no liability.

3. Issue notice to the respondent through all permissible modes upon taking steps by the petitioner, returnable on 24.02.2025.

4. In the meantime, let TCR be requisitioned in the digital format before the next date of hearing.

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

CRL.M.A. 32550/2024

5. The present application seeking condonation of delay of 28 days in filing the appeal.

6. Issue notice to the respondent through all permissible modes upon taking steps by the petitioner, returnable on 24.02.2025. OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~60 CRL.M.C. 8305/2024, CRL.M.A. 31725/2024 SANDEEP SHARMA .....Petitioner Mr. Anant Malik, Ms. Snigdha Singhi, Mr.Shobhan Sachdeva, Ms.

Pooja Bisht, Advs.

STATE NCT OF DELHI AND ANR .....Respondents Mr. Pradeep Gahalot, APP for the State 28.10.2024 CRL.M.A. 31726/2024 (Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 8305/2024

1. Mr. Surender Chaudhary, DCP, South West along with ACP Dr. Garima Tiwari and SHO Vinay Kumar are present in court.

2. Mr. Surender Chaudhary DCP submits that he has already sensitized the ACPs and SHOs and will also issue an advisory to all the police stations falling under his jurisdiction to ensure that in cases of registration of FIRs upon receipt of an order from the Court, the name of the learned judicial officer may not be mentioned as complainant.

3. The submission of Mr. Surender Chaudhary DCP, South West is taken on the record.

4. As recorded in the order dated 24.10.2024, this court had already set The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aside the summoning order against all the co-accused persons and despite that the present FIR No. 198/2024 was registered at PS R K Puram u/s 174A IPC.

5. Taking into account the totality of facts and circumstances, the present FIR FIR no. 198/2024 registered under Section 174AIPC at PS: RK Puram and all proceedings emanating from are quashed.

6. Present petition along with all pending applications if any stands disposed of.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~61 CRL.M.C. 8529/2024 SH AKSHAY TYAGI & ORS.

.....Petitioners Mr.Binod Kumar Singh, Adv.

THE STATE GOVT. OF NCT OF DLEHI AND ANR.

.....Respondents Ms. Kiran Bairwa, APP for the State with ASI Amit Kumar, PS M. S. Park, SI Sandeep PS M.S. Park.

Mr.Pawan Kumar Sharma, Adv. for R-2 with R-2 28.10.2024

1. The present petition has been filed seeking quashing of FIR No.111/2024 under Sections 498A/406/506/34 IPC registered at PS Mansarovar Park on the basis of settlement.

2. In terms of the settlement arrived between the parties, balance amount of Rs.5,00,000/- is to be paid to respondent No.2 by the petitioners at the time of signing of second motion divorce petition.

3. Learned counsel for the petitioners submits that within three days second motion petition shall be prepared and signed.

4. List on 06.11.2024.

OCTOBER 28, 2024/Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~62 CRL.M.C. 8532/2024 VIPIN KUMAR & ANR.

.....Petitioners Mr. Subhash Solanki, Mr. Bhaskar Vashisht, Advs.

THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Mr. Pradeep Gahalot, APP for the State with SI Sachin Panwar, PS Fatehpur Beri.

28.10.2024 CRL.M.A. 32571/2024 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 8532/2024

1. The present petition has been filed seeking quashing of FIR No.535/2021 under 308/452/34 IPC registered at PS Fatehpur Beri on the basis of settlement.

2. It has been stated that parties are residing in the same locality and are neighbors to each other.

3. Parties are entered into settlement vide MOU dated 27.06.2024 on the following terms and conditions;

1.That the First Party and the Second Party have compromised all their disputes and misunderstanding and with the intervention of well wishers and friends without any threat, pressure, inducement, promise and coercion.

2. That the Second Party shall appear before the Hon'ble High The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court of Delhi at the time of hearing of quashing petition which shall be filed in respect of quashing of FIR No.535/2021, registered U/s. 308/452//34 IPC at P.S. Fatehpur Beri and Second Party shall give statement in the Hon'ble High Court for the purposes mentioned above.

4. Parties are present in the court and have duly been identified by the IO. They submit that they have entered into settlement voluntarily without fear, force or coercion. Further, Respondent no. 2 states that he has no objection if the FIR No.535/2021 under 308/452/34 IPC registered at PS Fatehpur Beri and all proceedings emanating therefrom are quashed.

5. Since the dispute is predominantly private in nature and the parties have settled all the disputes amicably, in the interest of justice it would be better to put a quietus to the dispute. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement.

6. Taking into account the totality of facts and circumstances, FIR No.535/2021 under 308/452/34 IPC registered at PS Fatehpur Beri and all proceedings therefrom are quashed.

7. Present petition along with all pending applications if any stands disposed of.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~63 CRL.M.C. 8534/2024 SUSHIL KUMAR .....Petitioner Mr. Manoj Singh, Adv.

STATE OF N.C.T. OF DELHI & ANR.

.....Respondents Ms. Priyanaka Dalal, APP for the tate 28.10.2024 CRL.M.A. 32572/2024 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 8534/2024

1. The present petition has been filed seeking cancellation of bail granted to the respondent by this court vide order dated 08.07.2024 in bail application No.1594/2024.

2. Learned counsel for the petitioner submits that the co-accused Pradeep Grover before the learned Trial Court, has categorically stated that the deceased was murdered by the accused persons.

3. Issue notice.

4. Learned APP for the State has accepted the notice.

5. Issue notice to respondent No.2 through all permissible modes upon takings steps by the petitioner, returnable on 17.12.2024. OCTOBER 28, 2024/Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~50 CRL.L.P. 72/2020, CRL.M.A. 8515/2022 M/S OKARA ROADLINES .....Petitioner Mr. Ritik Malik, Adv.(VC) M/S PUNJAB FRIEGHT CARRIERS PVT. LTD. & ORS.

.....Respondents Mr. Ghanisht Bagaria, Adv.

28.10.2024 On behalf of the respondents, an adjournment slip has been circulated. List on 27.01.2025.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~51 CRL.L.P. 73/2020 M/S OKARA ROADLINES .....Petitioner Mr. Ritik Malik, Adv.(VC) M/S PUNJAB FRIEGHT CARRIERS PVT. LTD. & ORS.

.....Respondents Mr. Ghanisht Bagaria, Adv.

28.10.2024 On behalf of the respondents, an adjournment slip has been circulated. List on 27.01.2025.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~52 CRL.L.P. 74/2020 M/S OKARA ROADLINES .....Petitioner Mr. Ritik Malik, Adv.(VC) M/S PUNJAB FREIGHT CARRIERS PVT. LTD. & ORS.

.....Respondents Mr. Ghanisht Bagaria, Adv.

28.10.2024 On behalf of the respondents, an adjournment slip has been circulated. List on 27.01.2025.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~16 W.P.(CRL) 1874/2024,CRL.M.A. 18211/2024 GODREJ PROPERTIES LTD .....Petitioner Mr. Maninder Singh, Sr. Adv.with Mr.Rahul Malhotra, Mr.Kapil Madan, Mr. Sachit Mathur, Mr. Gurumukh Singh, Mr.Akshit Narula, Ms.

Kashish Mathur, Advs.

STATE & ANR.

.....Respondent Mr. Sanjay Lao, SC with SI Vijay Kumar, EOW Mr. Maninder Singh, Sr. Adv. with Mr.

Prabhas Bajaj, Mr.

Harsh Chauhan, Advs.for R-2 28.10.2024 It has been submitted that in the order dated 08.10.2024, the petition was dismissed as withdrawn. However, the learned counsel for the petitioner submits that in fact it was only the application which was withdrawn. It is clarified that only application bearing no. Crl. M.A. 30477/2022 stands dismissed as withdrawn.

List W.P.(CRL) 1874/2024 on 20.11.2024 Interim orders, if any, to continue OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~12 CRL.A. 611/2022 ARJUN@BINNI .....Appellant Ms.Shruti Sharma, Ms.

Ritika Srivastava, Advs.

STATE OF NCT OF DELHI .....Respondent Mr. Mukesh Kumar, APP for the State with SI Rajesh Kumar, PS Vijay Vihar.

28.10.2024 CRL.M.(BAIL) 1523/2024 On behalf of the petitioner, an adjournment has been sought as main counsel Mr. Pankaj Kumar is not well.

List on 13.12.2024.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~64 CRL.M.C. 8544/2024 FIROZ, AND ORS .....Petitioners Mr. Jameel Ahmed, Adv. with petitioners.

STATE GOVT. OF (NCT DELHI). AND ANR .....Respondents Ms. Kiran Bairwa, APP for the State with SI Savita, PS Aman Vihar.

Respondent No.2 in person.

28.10.2024 CRL.M.A. 32598/2024(exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 8544/2024

1. The Present petition has been filed under section 482 Cr.P.C for quashing of FIR No.273/2023 registered under Section 498A/406/34 IPC at PS Aman Vihar and all the other proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 10.11.2021 in accordance with the Muslim Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

instituted multiple litigations against each other and their respective families including the present FIR.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement vide MOU dated 27.02.2024.It has further been submitted that the marriage between the parties has been resolved as per Muslim Rites and Ceremonies

4. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No.273/2023 registered under Section 498A/406/34 IPC at PS Aman Vihar and all the other proceedings emanating therefrom.

5. I have gone through the settlement vide MOU dated 27.02.2024 which has been placed on record. The settlement vide MOU dated 27.02.2024 provides as under:

I, Firdosh D/o Md. Ali Ulla Rio A-28. Balbeer Agar, Kirari Suleman Nagar, Delhi-110086, have received Rs. 1,00,000/-(one lakh rupees) from Firoz S/o Sh Md Asif, Rio B-225, K-1-18, Hanuman Mandir, Sangam Vihar, Delhi-110080. We have settled our dispute for Rs. 4,00,000/- out of which Rs.3,00,000/- (three lakh) is agreed to pay on 21/03/2024.

And after that there shall be nothing remain between us including Mehar, Dowry etc. And I will withdraw all cases.

6. Both parties are present in court and have been identified by the IO. The statement Respondent No. 2has been recorded separately wherein she states that with the intervention of my well-wishers, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

she out of her free will, without any threat, fear, force or coercion have settled the dispute with the petitioners namely. Firoz, Md. Asif, Rukhsana Begam, Md. Naimuddin, Shabana. She also stated that she has received the settlement amount and nothing remain between the parties including Mehar, dowry etc. Her no objection to the quashing of the FIR has also been recorded.

7. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) SCC 675;

K.

Srinivas Rao v.

D.A.Deepa,(2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State(Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

8. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

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

9. In view of the above, FIR No.273/2023 registered under Section 498A/406/34 IPC at PS Aman Vihar and all the other proceedings emanating therefrom are quashed.

10. The present petition along with all the pending applications stand disposed of.

OCTOBER 28, 2024 Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

$~66 CRL.REV.P. 996/2024 MOHD SHOKEEN .....Petitioner Mr. Rajesh Pandey, Adv.

STATE OF NCT DELHI .....Respondent Ms. Priyanka Dalal, APP for the State with SI Prem Prakash, SI Atul Prabhakar, PS OIA 28.10.2024 CRL.M.A. 32649/2024 in CRL.REV.P. 996/2024 Learned counsel for the petitioner submits that in terms of the order dated 05.08.2024, the petitioner is ready to pay the compensation in the sum of Rs.70,000/- to the victim. However, the victim is not receiving the compensation and states that she shall receive the same only in the Court. Issue notice to the victim through IO.

Let the matter along with the present application be listed on 27.11.2024.

Next date i.e. 19.02.2025 stands cancelled.

In the meantime, interim bail granted to the petitioner vide order dated 05.08.2024 is extended on the same terms and conditions. OCTOBER 28, 2024/Pallavi/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.