Akash Upadhay v. The State Of NCT Delhi & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AKASH UPADHAY .....Petitioner Through:

Mr. Ravi Drall and Ms. Aditi Singh, Advocates versus THE STATE OF NCT DELHI & ANR .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advocates with SI Doli, PS: Adarsh Nagar

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 12.02.2025 CRL.M.A. 4415/2025 (for exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.A. 4414/2025 (for modification of order dated 09.12.2024) 3.

This is an application filed by the Petitioner seeking correction of the appearance recorded in the order dated 09.12.2024. 4.

Issue notice. Learned standing counsel for the Respondent accepts notice.

5.

For the reasons stated in the application, the application is allowed. The order dated 09.12.2024 shall now read as under: - "$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

+ W.P.(CRL) 3548/2024 AKASH UPADHAY .....Petitioner Through:

Mr. Ravi Drall and Ms. Aditi Singh, Advocates, Advs.

versus THE STATE OF NCT DELHI & ANR .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for State with SI Dipika, PS: Adarsh Nagar.

Mr. Pankaj Kr. Sharma, Mr. Manish Kr. Singh, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 09.12.2024

1. This petition has been filed seeking quashing of FIR no. 464/2022 registered at PS Adarsh Nagar under Sections 376/506 IPC based on the compromise deed between the parties dated 10th October, 2024, which is on record of this Court.

2. It is stated by the parties in the settlement that both met each other through social media, had a romantic relationship, promise to marry each other, and had a mutual relationship for 4 years.

3. However, due to some social circumstances, the marriage could not be solemnized and due to petitioner's marriage to another person, respondent no.2 filed the complaint which was ultimately registered as the present FIR.

4. Both petitioner and respondent no. 2 are present in Court and are duly identified by the IO and the counsel. Both of them confirmed the said position. Respondent no.2 states that she has no objection to the FIR being quashed.

5. Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and 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. 464/2022 under Sections 376/506 IPC registered at PS Adarsh Nagar and proceedings emanating therefrom are quashed.

6. Parties shall abide by the terms of settlement.

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

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

8. Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 9, 2024/RK/sc"

6.

With the aforesaid directions, the present application stands disposed of.

MANMEET PRITAM SINGH ARORA, J FEBRUARY 12, 2025/rhc/AKT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.