Disposed

Prakash Kumar v. State of NCT of Delhi and Anr.

Delhi HC14 Mar 2024CRL.M.C./2068/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR under Section 376 IPC where the prosecutrix stated relations were consensual and she would not pursue the case upon proposed marriage. The court directed the IO to record her fresh statement under Section 164 CrPC and restrained coercive action against the petitioner until filing of the final report.

What did the court decide?

IO directed to record prosecutrix's statement under Section 164 CrPC; no coercive action against petitioner till final report.

Prakash Kumar Vs State of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2068/2024

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PRAKASH KUMAR ..... Petitioner

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Through: Mr. Dhananjay Kumar Singh and Mr. Zeeshan Haider, Advocates.

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versus

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STATE OF NCT OF DELHI AND ANR. ..... Respondents

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Through: Mr. Mukesh Kumar, APP for State with SI Shyam, PS: Burari. Mr. Satish Kumar, Advocate for R-2 with Respondent No. 2-in-person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 14.03.2024

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No. 0073/2024, under Section 376 IPC, registered at PS: Burari, Delhi and the proceedings emanating therefrom.

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2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 appear on advance notice and accept notice.

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3. Learned APP for the State submits that after registration of FIR, statement of prosecutrix was also recorded under Section 164 Cr.P.C., wherein she stated that physical relations were established with her consent, since both, petitioner and respondent No. 2, were in a relationship and in case, petitioner wishes to marry her, she would not pursue the case.

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4. At this stage, learned counsel for the petitioner submits that since respondent No. 2, who is present in person, does not wish to continue with

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:40:24

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the proceedings, in view of proposed marriage as per settlement, the Investigating Agency be directed to get her statement under Section 164 Cr.P.C. recorded for taking the proceedings to a logical end.

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5. Considering the facts and circumstances of the case, I.O. is directed to get the statement of prosecutrix recorded under Section 164 Cr.P.C., as prayed. Further, no coercive action shall be taken against the petitioner, till the filing of final report.

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Petition is accordingly disposed of. Pending applications, if any, stand disposed of.

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ANOOP KUMAR MENDIRATTA, J.

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MARCH 14, 2024/ R

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:40:24

Prakash Kumar v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Prakash Kumar v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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