VARSHA vs STATE OF NCT DELHI

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: April 28, 2025 + CRL.M.C. 1215/2021 VARSHA .....Petitioner Through: versus STATE OF NCT DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, Ld. APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The present Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) seeking quashing of FIR No. 10/2018 u/s 25/54/59 of Arms Act, 1959 PS Janak Puri Metro, New Delhi. 2. It is submitted in the Petition that on 26.09.2018, while returning from a Bhagwat Katha Programme, when the Petitioner put her bag in the BIS X- ray machine at Dwarka Mor Metro Station, the CRPF official recovered two live cartridges. Police was called and the Petitioner was apprehended. FIR No. 10/2018 was registered against her. 3. The Petitioner has sought quashing of FIR No. 10/2018 on the ground that she was not aware of its existence nor was she in conscious possession of the two live cartridges recovered from her bag. Charge sheet Signature Not Verified Signed By:ANIL KUMAR BHATT Signing Date:30.04.2025 19:54:32 was filed in the Court on 06.10.2020 but nowhere has it been mentioned that the Petitioner was in conscious possession of the two live cartridges. Ld. Trial Court has taken cognizance and framed charges in a mechanical manner without considering the submission of the Petitioner that she was not in conscious possession of the Cartridges. 4. Petitioner states that she is a peace loving, respectable person and a student of M.A. Economics having no criminal antecedents. The quashing of FIR and all the proceedings emanating therefrom, is thus sought. 5. The Ld. Public Prosecutor has vehemently opposed the Petition on the ground that the Petitioner was