Sandeep Khullar v. State & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 295/2020 & CRL.M.A. 1256/2020 SANDEEP KHULLAR ..... Petitioner Through:

Mr. Prateek Tanwar, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr. Kewal Singh Ahuja, APP for State with Inspr. Kuldeep Singh, PS Kirti Nagar.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 21.01.2020 CRL.M.A. 1256/2020 (Exemption) Exemption allowed, subject to just exceptions. CRL.M.C. 295/2020 A pass over is sought on behalf of the petitioner for presence of the respondent no.2 qua the present petition under Section 482 of the Cr.PC, 1973 seeking quashing of the FIR No.167/2019 under Sections 354D/509 of the Indian Penal Code, 1860 and Section 12 of the POCSO Act registered at PS Kirti Nagar submitting to the effect that a settlement has been arrived at between the petitioner and the respondent no.2 who is the father of the minor victim whereby she claims that the petitioner has learnt a lesson and that the petitioner has been in custody for 15 days and suffered a lot and in the circumstances, she does not oppose the prayer made by the petitioner seeking quashing of the FIR in question.

A perusal of the FIR and the police report under Section 173 of the Cr.PC, 1973 and also a perusal of the messages sent by the petitioner to the minor victim, copy of which is not placed on record as has been produced by the State now, copy of which is directed to be placed on record in a sealed cover, it is not considered appropriate to grant the prayer made by the petitioner seeking quashing of the FIR in question which brings forth allegations of gross mental depravity. In the circumstances, the prayer made by the petitioner seeking quashing of the FIR in question is declined.

ANU MALHOTRA, J JANUARY 21, 2020 vm