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High Court of DelhiCRL.M.C./9303/2024

Sujit Mandal v. State (NCT Of Delhi) & ANR.

2024-11-28Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9303/2024 SUJIT MANDAL .....Petitioner Through:

Mr. Jeewan Chandra, Adv.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State.

ACP Garmia Tiwari, Sub.

Div.

Vasant Vihar with SI Lal Chand, P.S.

V.K. South.

Mr. S. Firoz and Mr. Salman Ali Khan, Advs. for complainant.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 28.11.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarika Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No. 0548/2022 dated 25.11.2022 registered under sections 354-A/341/509 of the Indian Penal Code, 1860 ('IPC') and section 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') at P.S.: Vasant Kunj South, Delhi. Consequent upon completion of investigation, offences under section 174-A IPC and section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were added vide chargesheet dated 05.02.2024.

The petition is based on a Memorandum of Understanding dated 02.02.2024 signed between the petitioner's wife and the mother of the minor victim.

CRL.M.C. 9303/2024 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 06/12/2024 at 12:12:15

After making brief submission in the matter, Mr. Jeewan Chandra, learned counsel appearing for the petitioner seeks leave to withdraw the present petition, with liberty to pursue his remedies before the learned Trial Court, including arguments on charge to be framed against the petitioner, as may be permissible, in accordance with law.

The petition is accordingly disposed-of as withdrawn, with liberty as prayed-for, without making any observations on the merits of the matter. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 28, 2024 V.Rawat CRL.M.C. 9303/2024 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 06/12/2024 at 12:12:15