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High Court of DelhiCRL.M.C./8513/2024

Rohit Kumar v. The State ( NCT Of Delhi)

2024-10-25Hon'Ble Mr. Justice Anish Dayal2 pages

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8513/2024 ROHIT KUMAR .....Petitioner Through:

Mr. Manish Kumar Mr. Rohit Kumar & Mr. Aysh Srivastava, Advs.

versus THE STATE ( NCT OF DELHI) .....Respondent Through:

Mr. Digam Singh Dagar, APP for State with SI Rajesh PS Kashmere Gate Metro

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.10.2024 1.

This petition has been filed seeking quashing of FIR No. 60/2019 PS Kashmere Gate Metro under Section 354C IPC basis No Objection given by respondent no.2, which is on record of this Court. 2.

Petitioner is present in the Court while respondent no.2 (complainant) is present through VC; both are duly identified by IO. 3.

Counsel for petitioner points out to the FSL report as per which the relevant video data of 13th August 2019 was not recovered from the mobile of petitioner.

4.

Complainant states that she has no objection to quashing of the FIR and her affidavit to this effect is also on record of this Court. 5.

Considering the above circumstances and no objection given by complainant, the chances of conviction of the petitioners being remote and 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 04/11/2024 at 11:05:23

bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR no. 60/2019 PS Kashmere Gate Metro under Section 354C IPC and proceedings emanating therefrom are quashed.

6.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

7.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 25, 2024/sm 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 04/11/2024 at 11:05:23