Shri Rajesh v. The State (Govt. Of NCT Of Delhi) And ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 525/2023 SHRI RAJESH ..... Petitioner Through:

Mr. Gaurav Kochar and Mr. Vishal, Advocates with petitioner in person.

versus THE STATE (GOVT. OF NCT OF DELHI) AND ORS.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Vijay Dutt PS Laxmi Nagar and SI Nirmala PS Mandawali, Delhi.

Respondent No.2 through VC and respondent Nos. 3 and 4 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 895/2016 registered under Sections 354/354A/506 IPC and Section 8 of POCSO Act at Police Station Shakarpur, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR the complainant alleged that on 12.12.2016 at about 6 pm, the petitioner caught hold of her in the class and kissed her. The petitioner misbehaved further and also forcefully tried to remove her t-shirt.

3.

Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the only complainant/victim in the present case. It is further submitted that the trial is at the stage of prosecution evidence. 4.

Learned counsel for the petitioner submits that the petitioner and respondent No. 2 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Compromise Deed dated 20.01.2023, a copy of which has been placed on record as AnnexureC. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.

5.

The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Vijay Dutt PS Laxmi Nagar who is present in the Court. Respondent No. 2 has also joined the proceedings through VC and has been identified by the I.O.

6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned MOU out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 7.

The parties shall remain bound by the statements made in Court today.

8.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.10,000/- to be given to the complainant by way of demand draft through IO within a period of two weeks from today. 9.

Proof evidencing receipt of deposit shall be filed with the I.O. as well The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as in Court.

10.

A copy of this order be communicated to the Member Secretary, DSLSA for intimation.

11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JANUARY 16, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.