Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing.

Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:

“This has become routine invariable practice that the main Investigating Officers who have investigated the case are not appearing and substitute officials are appearing on their behalf and they are not versed with the facts of the cases.”

The court was hearing a plea moved by a husband and his family members seeking quashing of an FIR registered in 2021 by the wife arising out of a matrimonial dispute. The FIR was registered at Mehrauli police station for the offences under Sections 498A, 406 and 34 of Indian Penal Code, 1860.

“Let the matter be brought to the notice of the Commissioner of Police, who shall immediately take action and ensure that IOs who investigated the case be present in Court when the case pertaining to the particular police station is taken up for hearing,” the court said in the order passed on May 08.

The parties got married in 2017. During the pendency of the trial, the matter was settled amicably in mediation on March 09, 2022. A petition was then moved under Section 13B(2) of the Hindu Marriage Act and the marriage was dissolved vide a decree of divorce dated February 08 by the family court.

The husband and his family members then moved High Court seeking quashing of the FIR. It was submitted by the parties that they had settled their disputes. The complainant wife also admitted that she settled the matter amicably with the accused persons.

Additional Public Prosecutor Raj Kumar appearing for the Delhi Police submitted that in view of the settlement, the prosecution has no objection if the FIR is quashed.

The court allowed the plea and quashed the FIR observing that no useful purpose will be served by keeping the case pending.

“It will be nothing but abuse of the process of law. Consequentially, this petition is allowed and FIR No.634/2021, under Sections 498A/406/34 IPC, registered at Police Station Mehrauli, Delhi, and the proceedings emanating therefrom shall stand quashed,” the court said.

Title: RAJESH PRAKASH LOHANI AND ORS v. THE STATE AND ANR

Citation: 2023 LiveLaw (Del) 409

Click Here To Read Order