High Court of DelhiCRL.M.C./706/2024

Archit Goel & ANR. v. Govt Of NCT Of Delhi Through Sho Ps Prashant Vihar Delhi & ANR.

2024-01-30Hon'Ble Mr. Justice Navin Chawla3 pages

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 706/2024 ARCHIT GOEL & ANR.

..... Petitioners Through:

Mr.Govind Rishi, Mr.Saurabh Yadav, Advs.

versus GOVT OF NCT OF DELHI THROUGH SHO PS PRASHANT VIHAR DELHI & ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP with PSI Prashant Kumar.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.01.2024 CRL.M.A. 2839/2024 (Exemption) 1.

Allowed, subject to all just exception.

CRL.M.C. 706/2024 2.

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. 476/2023 registered at Police Station: Prashant Vihar, New Delhi under Sections 188/436/506/507/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom, on the basis of the settlement arrived at between the petitioners and the respondent no.2 dated 22.12.2023. 3.

Though the learned APP for the State submits that the charges The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

levelled against the petitioners are grave, in my view, having noted that the petitioners are of young age of just 18 years, and are currently studying in university, their careers would be jeopardised in case the present petition is not allowed.

In view of the above and considering the Settlement between the parties, I find that there no useful purpose shall be served in continuing with the proceedings of the subject FIR. it would instead be an unnecessary burden on the State exchequer. Being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. and to quash the above mentioned FIR and all the proceedings emanating therefrom.

Accordingly, the petition is allowed. FIR No. 476/2023 registered at Police Station: Prashant Vihar, New Delhi under Sections 188/436/506/507/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners, themselves or through their parents, deposit costs of Rs.50,000/- each with the Delhi State Legal Services Authority within a period of two weeks from today, and 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. 6.

The amount so deposited shall be utilised by the Delhi State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance. NAVIN CHAWLA, J JANUARY 30, 2024/Arya/am 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.