Jay Singh & ANR. v. The State Of NCT Of Delhi & ANR.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 303/2024 JAY SINGH & ANR.
..... Petitioners Through:
Mr.Sahil Vij, Mr.Narender Sangwan, Mr.Puneet Jindal, Advs.
versus THE STATE OF NCT OF DELHI & ANR. ..... Respondents Through:
Mr.Shoaib Haider, APP with SI Mahesh.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 12.01.2024 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0379/2017 registered at Police Station: Alipur, Rohini, Delhi under Sections 323/341/354(A)/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom.
2.
The respondent no.2 is present in person and is duly identified by the IO. She re-affirms the above settlement and submits that she has no objection to the quashing of the present FIR. 3.
In view of the above, and considering the Settlement between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of 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 02/07/2025 at 10:34:59
the Court and an unnecessary burden on the State exchequer. 4.
Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgment in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.
5.
Accordingly, the petition is allowed. Consequently, the FIR No.0379/2017 registered at Police Station: Alipur, Rohini, Delhi under Sections 323/341/354(A)/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners deposit costs of Rs.15,000/- each for misusing the process, with Delhi State Legal Services Authority within a period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.
6.
The petitioners shall file, with the Registry of this Court, proof of deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.
7.
The petition is allowed in the above terms.
NAVIN CHAWLA, J JANUARY 12, 2024/Arya/RP Click here to check corrigendum, if any 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 02/07/2025 at 10:34:59