CRL.M.C./6251/2024 of SH MAHENDER AND ANR Vs STATE OF NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 6251/2024 SH MAHENDER AND ANR .....Petitioners SH MAHENDER AND ANR .....Petitioners

.....Petitioners

Through: Ms. Swati Rathi, Mr. Pawan Kumar Nadia, Ms. Suman Saharan, Mr. Chetishtha Malik and Mr. Ravi Bhagel, Advs. Nadia, Ms. Suman Saharan, Mr. Chetishtha Malik and Mr. Ravi Bhagel, Advs.

versus

STATE OF NCT OF DELHI AND ANR

.....Respondents

Through: Ms. Manjeet Arya, APP for the State with Somika, PS Prem Nagar alongwith victim and her family and SI Nirmala, PS Begumpur. Mr. Prem Sood, Mr. Suraj Kundu and Mr. Munendar Mann, Advs for R-2. with Somika, PS Prem Nagar alongwith victim and her family and SI Nirmala, PS Begumpur. Mr. Prem Sood, Mr. Suraj Kundu and Mr. Munendar Mann, Advs for R-2.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTAO R R

% 13.08.2024

CRL.M.A. 23911/2024 & 23912/2024

Exemptions allowed, subject to just exceptions.

Applications stand disposed of.

CRL.M.C. 6251/2024

1.Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 334/2023 under Section 376 (3) IPC and Sections 6/17 of POCSO Act registered at P.S.: Prem Nagar and proceedings emanating therefrom. Chargesheet has been filed under Section 376 (3) IPC and Sections 6/21 of POCSO Act.

2.Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith respondent no. 2 in person appear on advance

notice and accept notice.

3.After making partly submissions, learned counsel for the petitioners seeks to withdraw the petition without prejudice to the rights and contentions of the petitioners.

4. Taking the statement of learned counsel for the petitioners on record, petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

AUGUST 13, 2024p

ANOOP KUMAR MENDIRATTA, J.