Sh. Kirpal Singh @ Gurjeet Singh & ANR. v. State & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 169/2019 SH. KIRPAL SINGH @ GURJEET SINGH & ANR.

..... Petitioners Through:

Mr. R.P.S. Bhatti, Advocate with petitioners in person versus STATE & ANR.

..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with WSI Santosh, PS:Kalyanpuri, Delhi R-2 in person along with her mother

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.02.2019 CRL.M.A. 2700/2019 (u/s 482 Cr.P.C.) 1.

In view of the cause submitted, the prayed made in the application is allowed and the compromise deed is taken on record.

2.

The application stands disposed of.

CRL.M.C. 169/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.278/2013, under Sections 354D/323/341/509/34 of the Indian Penal Code, 1860 ('IPC'), and Section 12 of the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act), registered at P.S.: Kalyan

Puri, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion, vide Compromise Deed dated 4.2.2019 and the parties have no grievance against each other.

4.

Respondent No.2, who is present in Court along with her mother, has reiterated the aforesaid facts and submitted that since the parties have settled their disputes, she has no objection to the petition being allowed and the FIR being quashed 5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the Compromise Deed.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socio economic background of the parties and their relations, I deem it appropriate to give a chance to the petitioners to reform and reintegrate into the society as productive members. This Court is also 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. 278/2013, under Sections 354D/323/341/509/34 of the IPC and Section 12 of the POCSO Act, registered at P.S.: Kalyan Puri, Delhi and the proceedings

emanating therefrom are quashed, subject to deposit of a sum of Rs.10,000/- within 10 days by the petitioners, out of which Rs.5,000/- be deposited in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks. In case the petitioners fail 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 FEBRUARY 05, 2019 tp