Veer Singh Chaudhary @ Virender Kumar @ Viru v. The State Govt Of NCT Of Delhi & ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4672/2017 VEER SINGH CHAUDHARY @ VIRENDER KUMAR @ VIRU ..... Petitioner Through:

Mr.Ashok Kumar Sehrawat, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Kamal Kumar Ghei, APP for State with ASI Bharat Vinod, PS Malviya Nagar Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% Crl.M.A. No.18594/2017 (Exemption) Exemption allowed, subject to just exceptions. Crl.M.C. 4672/2017 Vide the present petition, the petitioner seeks quashing of FIR No.251/2016 under Sections 354A/354(D) IPC Police Station Malviya Nagar and all consequential proceedings emanating therefrom submitting to the effect that a settlement has been arrived at between the parties of their own sweet will and without any duress from any quarter.

The Investigating Officer of the case is present and identifies the petitioner and the respondent No.2. The statement of the Investigating Officer to that effect has been recorded separately.

The respondent No.2 has identified her signatures on her affidavit Ex.CW2/B and has also testified to the effect that she does not seek the continuation of proceedings in relation to the FIR No.251/2016 under Sections 354A/354(D) IPC Police Station Malviya Nagar and that she has made her statement voluntarily of her own accord without any coercion or pressure from any quarter. Learned APP for the State also, in the circumstances does not oppose the prayer made by the petitioner seeking quashing of the said FIR.

On a consideration of the submissions that have been made on behalf of either side, the factum that the respondent No.2 is literate and working and does not seek continuation of the proceedings against the petitioner any further, it is considered appropriate to put a quietus to the proceedings, as no useful purpose would be served by continuing the proceedings any further and in view of the factum that a settlement has been arrived at between the parties. Thus, the FIR No.251/2016 under Sections 354A/354(D) IPC, 1860 Police Station Malviya Nagar and all other proceedings emanating therefrom are quashed.

The petition is disposed of accordingly.

NOVEMBER 14, 2017/sv

IN THE HIGH COURT OF DELHI: NEW DELHI

Item No. 67 Crl. M.C. 4672/2017 VEER SINGH CHAUDHARY @ VIRENDER KUMAR @ VIRU Vs. STATE & ANR.

CW-2 Statement of Ms. X(prosecutrix) D/o Chetan Lal, Aged 27 years r/o 120B, Savitri Nagar, Near Malviya Nagar, New Delhi. On S.A.

I have brought my original identity card, i.e., Aadhar Card bearing No.428279214193, photocopy of which is Ex.CW-2/A. (OSR) I am literate. I have studied till the final year of B.Com from Delhi University. I am presently dealing in designing. My affidavit Ex.CW-2/B dated 6.9.2017 bears my signatures thereon at point „A‟ & „B‟. I have signed this affidavit voluntarily of my own accord without any duress, coercion or pressure from any quarter. I do not seek to pursue the proceeding any further in relation to the FIR No.251/2016 under Sections 354A/354(D) IPC, Police Station Malviya Nagar against the petitioner.

I have made this statement voluntarily of my own accord without any duress, coercion or pressure from any quarter. RO & AC

IN THE HIGH COURT OF DELHI: NEW DELHI

Item No. 67 Crl. M.C. 4672/2017 VEER SINGH CHAUDHARY @ VIRENDER KUMAR @ VIRU Vs. STATE & ANR.

CW-1 Statement of ASI Bharat Vinod, Police Station Malviya Nagar. On S.A.

I identify both the petitioner and the prosecutrix in the instant case in relation to FIR No.251/2016 under Sections 354A/354(D) IPC, Police Station Malviya Nagar, present in the Court today. RO & AC