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W.P.(CRL)/2559/2024 of ROSHAN LAL Vs STATE NCT OF DELHI AND ANR.

Court
Delhi High Court
Decision date
2024-08-22
Case number
189 of 2024

Parties

Cites (1)

Statutes cited (1)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 2559/2024 ROSHAN LAL

.....Petitioner

Through: Mr. M S Khan, Mr. Anis Kaushik & Ms. Neha Khan, Advs.

versus

STATE NCT OF DELHI AND ANR.

.....Respondents Through: Mr. Sanjeev Bhandari, ASC (Crl.) with Ms. Charu Sharma Mr. Ajit Sharma & Mr. Vaibhav Vats, Advocates for the State W/PSI Veena PS DBG Road

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R R% 22.08.2024CRL.M.A. 25005/2024, & CRL.M.A. 25006/2024 (Exemption)

1.Allowed, subject to all just exceptions.

2.Both applications stand disposed of

W.P.(CRL) 2559/2024

1.This petition is filed for quashing of FIR No. 189/2024 P.S DBG Road dated 3[rd] May 2024.

2.Counsel for petitioner points out that the said FIR is filed at behest of complainant, who is daughter-in-law of petitioner. There was marital discord between petitioner’s son and complainant who got married on 18[th]April 2017. Petitions under DV Act and Section 125 Cr.P.C. were filed subsequently, although no allegation of rape and sexual assault were made

regarding the father-in-law. As per petitioner’s counsel, this FIR has been lodged after 4 years of incident, stated to be of 2020, purely in order to pressurize the family. He has also drawn attention to anticipatory bail order of the Trial Court dated 18[th] May 2024, where such aspects have been noted.

3.Notice. ASC of the State accepts notice and submits that charge-sheet has since been filed.

4.In the circumstance, it would be appropriate if petitioner addresses his plea at the stage of arguments.

5.In light of above, counsel for petitioner seeks leave to withdraw this petition with liberty to addresses their case at the stage of arguments on charge, with liberty to place whatever material they wish to rely upon, before the Trial Court, in that regard.

6.Petition is therefore dismissed as withdrawn with liberty granted.

7.Pending application, if any, is disposed of as infructuous.

8.Order be uploaded on the website of this Court

AUGUST 22, 2024

ANISH DAYAL, J