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High Court of DelhiCRL.M.C./4839/2017

Abhinav Puri v. The State Govt Of NCT Of Delhi & ANR

2017-11-225 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4839/2017 ABHINAV PURI ..... Petitioner Through:

Mr.Amulya Dhingra, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Ashish Dutt, APP for State with SI Mangal Ram, PS Rajouri Garden.

Mr.Shivom Chhabra, Advocate for R2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% Crl.M.A. No.19256/2017 (Exemption) Exemption allowed, subject to just exceptions. Crl.M.C. No. 4839/2017 The petitioner is present, who has produced his original Election Identity Card, the photocopy of which is directed to be filed on record being Ex.CW-2/D.

Vide the present petition, the petitioner seeks quashing of the FIR No. 451/2013 under Section 354-D of the IPC, 1860 Police Station Rajouri Garden, and all proceedings emanating therefrom, in view of the settlement arrived at between the petitioner and the respondent No.2.

The Investigating Officer of the case SI Mangal Ram is present, who has duly identified the petitioner arrayed as accused in the said FIR and the respondent No.2/complainant of the said FIR.

The respondent No.2 has appended her signatures on oath on her affidavit dated 17.11.2017 EX.CW-2/A in relation to the settlement arrived at between the petitioner and the respondent No.2 and also produced the proof of her identity in the form of Aadhar Card bearing No.216423141676, the photocopy of which is Ex.CW2/B. She has further testified to the effect that in view of the settlement arrived at between her and the petitioner, she does not oppose the petition filed by the petitioner, i.e., Crl.M.C. 4839/2017 seeking quashing of the FIR No. 451/2013 under Section 354-D of the IPC, 1860 Police Station Rajouri Garden and all proceedings emanating therefrom.

In view of the statement made by the respondent No.2, duly identified by the Investigating Officer of the case, it is considered appropriate to allow the prayer made by the petitioner seeking quashing of the FIR No. 451/2013 under Section 354-D of the IPC, 1860 Police Station Rajouri Garden and all proceedings emanating therefrom are thus quashed.

The petition is disposed of.

NOVEMBER 22, 2017/sv

IN THE HIGH COURT OF DELHI: NEW DELHI

Item No. 38 Crl. M.C. 4839/2017 ABHINAV PURI Vs. STATE & ANR.

CW-1 Statement of SI MANGAL RAM, POLICE STATION RAJOURI GARDEN.

On S.A.

I identify the petitioner/accused Abhinav Puri and the respondent No.2 Ms.X, Complainant of the FIR No.451/2013 under Section 354-D of the IPC, 1860 Police Station Rajouri Garden present in Court today. RO & AC

IN THE HIGH COURT OF DELHI: NEW DELHI

Item No. 38 Crl. M.C. 4839/2017 ABHINAV PURI Vs. STATE & ANR.

CW-2 STATEMENT OF MS. X, W/O SH.VINOD GULATI, AGED 41 YEARS, R/O 5/175, SUBHASH NAGAR, NEW DELHI On S.A.

My affidavit annexed to the petition as Annexure P-6 bears my signatures thereon at points A on each page thereof which petition is Ex.CW-2/A.

I have brought my original identity card, i.e., Aadhar Card bearing No.216423141676, a photocopy of which is Ex.CW-2/B (original seen & returned).

The person present in the Court today is petitioner, Abhinav Puri. (The petitioner has produced his original Election Identity Card bearing No.NCJ0626051. The photocopy of which is directed to be filed being Ex.Cw-2/D (OSR).

A settlement has since been arrived at between me and the petitioner. A copy of the said settlement annexed as Annexure P-2 to the petition bears my signatures thereon at points „A‟ on each page thereof which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter. The settlement deed dated 30-.10.2017 is Ex.CW-2/C.

I do not seek any further action against the petitioner Abhinav Puri s/o Mahesh Kumar in relation to the FIR No.451/2013 under Section 354-D of

the IPC, 1860 Police Station Rajouri Garden, in view of the settlement arrived at between me and the petitioner and thus do not oppose the petion filed by the petitioner seeking quashing of the No.451/2013 under Section 354-D of the IPC, 1860 Police Station Rajouri Garden and all proceedings emanating therefrom.

I am literate and a graduate and have understood the contents of the statement made by me today in the Court.

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