Anil Meena @ Annu v. The State & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5755/2019 ANIL MEENA @ ANNU ..... Petitioner Through Mr.Naresh Kumar and Mr.Braham Singh, Advs. with the petitioner in person versus THE STATE & ANR .... Respondents Through Mr. Ashok Kumar Garg, APP with SI Vikram Singh R-2 in person with her parents

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.01.2020 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.964/2014 dated 16.12.2014, under Sections 354/509 of the Indian Penal Code, 1860 („IPC‟) and Sections 8/12 of the Protection of Children from Sexual Offences Act, 2012 („POCSO Act‟), registered at P.S.: Saket, Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as learned counsel for the petitioner submitted that the parties have amicably settled their disputes inter se themselves on their own free will, without any force or coercion.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she

has no objection to the petition being allowed and the FIR being quashed.

4.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement. IO also stated that there is no other criminal case pending against the petitioner.

5.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.15,000/- for some social beneficial cause in any trust or association. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age, career and socio-economic background of the petitioner, I deem it appropriate to give the petitioner a chance to reform and reintegrate into the society as a productive member. The petitioner is warned to be careful in future and not to indulge in such activities again. Taking into consideration the aforesaid facts and the remorseful attitude of the petitioner, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.964/2014 dated 16.12.2014, under Sections 354/509 of the IPC and Sections 8/12 of the POCSO Act and the proceedings emanating therefrom are quashed subject to deposit of Rs.15,000/- by the petitioner within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates‟ Welfare Trust and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c

No.15530110074442 UCO Bank, Delhi High Court and receipts of the deposits be filed in the Registry within 21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within one week thereafter. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 16, 2020/rk