Rohit Kumar v. State Govt. Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8085/2024 ROHIT KUMAR .....Petitioner Through:
Mr. Gagan Bhatnagar, Mr. Deepak Chillar, Advs.
versus STATE GOVT. OF DELHI AND ANR.
.....Respondent Through:
Ms. Priyanka Dalal, APP Mr. Jai Vardhan, Adv. for R2 SI Rinki, PS KNK Marg
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 29.11.2024 1.
This is a petition filed under Section 528 of BNSS, 2023 seeking quashing of the FIR No. 370/2021 dated 31.08.2021 registered at PS KN Katju Marg under Section 376/377/328/506 of IPC and the consequential proceedings emanating thereafter. 2.
As per the FIR, it is stated that the petitioner established physical relationship on the pretext of marriage and subsequently blackmailed the respondent No.2/complainant.
3.
During the pendency of the proceedings, the parties have arrived at a settlement, wherein the parties have resolved their disputes and the complainant has agreed to cooperate in quashing of the FIR. 4.
The petitioner is present in Court and has been identified by Mr. Gagan Bhatnagar, learned counsel. The respondent No.2 is also present in Court and is identified by Mr. Jai Vardhan, learned counsel and SI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Rinki, PS KNK Marg.
5.
Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.
6.
The petitioner assures the Court that the Memorandum of Settlement dated 04.10.2024 shall be complied with in its full letter, spirit and intent and in its entirety.
7.
From the perusal of the FIR, I am of the view that both the petitioner and respondent No. 2 were consenting adults at the time of alleged offence. The first incident happened in the year 2018 and the FIR was lodged in 2021 (after a delay of 3 years). No reason has been given for the delay. It seems to suggest that when the relationship turned sour and/or the marriage could not be performed, the present FIR was lodged.
8.
Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.
9.
Taking the statement of the petitioner on record and binding the petitioner to the same, the FIR No. 370/2021 dated 31.08.2021 registered at PS KN Katju Marg under Section 376/377/328/506 of IPC and all consequential proceedings emanating therefrom are hereby quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10. The petition is disposed of in the aforesaid terms. JASMEET SINGH, J NOVEMBER 29, 2024 / (MS) 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.