Shanker Singh & ORS. v. State & ANR.
$~34 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 770/2020 SHANKER SINGH & ORS.
..... Petitioners Through:
Mr.
A.
Tripathi, Advocate with petitioners in person.
versus STATE & ANR.
..... Respondents Through:
Mr. M.S. Oberoi, APP for the State with ASI Rajesh PS Anand Parbat.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
O R D E R
% 12.02.2020 Crl. M.A.No. 3165/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.
CRL.M.C. 770/2020 and Crl. M.A. No. 3164/2020 (for stay) 1.
Issue notice.
Learned APP for the State accepts notice.
Respondent No.2 appears in person and accepts notice. 2.
This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.370/2014, under Sections 354/354A/323/34 IPC and Section 8 of Protection of Children from Sexual Offence Act, 2012, registered at Police Station-Anand Parbat, District-Central, Delhi, and all proceedings emanating therefrom.
3.
On the complaint of respondent No. 2 above said FIR was registered against the petitioners on 15.08.2014. 4.
Counsel for the petitioners submits that during the pendency of
the trial, the parties have settled the matter amicably in terms of the MOU dated 16.01.2020. Copy of the MOU is also placed on record. 5.
Respondent no.2 is present in Court and is identified by the IO. The respondent No.2 submits that she has settled her disputes with the petitioners. She further submits that she has no objection if the FIR in question is quashed.
6.
Learned APP for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.
7.
Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.
Consequentially, this petition is allowed, subject to costs of ₹10,000/- to be deposited by the petitioners with Delhi High Court Legal Services Committee within two weeks from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over their copies to the Investigating Officer, FIR No.370/2014, under Sections 354/354A/323/34 IPC and Section 8 of Protection of Children from Sexual Offence Act, 2012, registered at Police Station-Anand Parbat, District-Central, Delhi, and the proceedings emanating therefrom shall stand quashed.
8.
The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 12, 2020/AK