Gyan Parkash Pruthi v. The State NCT Of Delhi And ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3810/2024 GYAN PARKASH PRUTHI .....Petitioner Through:

Mr. Neeraj Rana, Advocate along with petitioner.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for State with W/SI Rinki, Ps: K. N. Katju Marg.

Mr. Jagat, Advocate along with respondent no.2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 05.12.2024 CRL.M.A. 36630/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is accordingly disposed of.

W.P.(CRL) 3810/2024 1.

This petition has been filed seeking quashing of FIR no. 425/2024 dated 08th November, 2024 registered at P.S. K.N. Katju Marg, Delhi, under Sections 74/75/76/79/115(2)/351(3) of BNS 2023 on the basis of settlement arrived at between the parties dated 28th November, 2024 which is on record of this Court.

2.

Subsequently, Section 376 IPC was also added on the statement of the prosecutrix that sexual assault had occurred 2 years back. 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 07/12/2024 at 11:49:02

3.

Petitioner and respondent no. 2 (complainant) are present in Court and are duly identified by the IO and the respective counsels. 4.

Respondent no.2 is 43-year-old lady who had lodged the complaint basis souring of a consensual relationship between her and the petitioner. She states that there was some misunderstanding between her and the petitioner, and all incidents were consensual in nature and they have now amicably resolved their issues after mutual discussion. Respondent no.2 has filed an affidavit as well stating that she has no objection to the quashing of the FIR and it is on her will without any pressure, coercion or threat. 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. 425/2024 dated 08th November, 2024 registered at P.S. K.N. Katju Marg, Delhi, under Sections 74/75/76/79/115(2)/351(3) of BNS 2023 and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 5, 2024/RK/sc 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. The Order is downloaded from the DHC Server on 07/12/2024 at 11:49:02