Anil Kumar v. State & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4130/2017 ANIL KUMAR ..... Petitioner Through:

Mr.Durgesh Pal, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Through:

Ms.Kusum Dhalla, APP for the State/R-1 with W/PSI Pooja Chaudhary, PS Mayur Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 11.10.2017 Crl.M.A.No.16571/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application is disposed of.

CRL.M.C. 4130/2017 1.

This is a petition filed by the Petitioner under Section 482 CrPC seeking quashing of FIR No.572/2014 under Section 376 IPC and under Section 6 of POSCO Act, PS Mayur Vihar, Delhi, on the basis of settlement arrived at between the parties.

2.

Notice. Learned APP for the State/R-1 accepts notice. 3.

Attention of learned counsel for the petitioner has been drawn to the decision of the Supreme Court in Gian Singh v State of Punjab & Anr. 2012 CRL.M.C. 4130/2017

(9) SCALE 257 as per which, the FIR registered with allegations of rape cannot be quashed.

4.

In view of the legal position as enumerated in Gian Singh v State of Punjab & Anr. (Supra), learned counsel for the petitioner seeks leave to withdraw the instant petition.

5.

Accordingly, the instant petition is dismissed as withdrawn. PRATIBHA RANI, J.

OCTOBER 11, 2017 'st'

CRL.M.C. 4130/2017