Sahil Chuahan Vasu & ANR. v. State Of NCT Of Delhi & ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3120/2024 SAHIL CHUAHAN VASU & ANR.

..... Petitioners Through:

Mr.P.K.

Tripathi, Mr.Vikas Kumar, Mr.Prince Bhardwaj, Advs. with petitioners.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Shoaib Haider, APP with SI Shivam.

Respondent no.2/victim with her parents through VC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.05.2024 1.

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.368/2022 registered at Police Station: Khajuri Khas, Delhi, registered under Sections 363/342/354A/506 of the Indian Penal Code, 1860 (in short, 'IPC') and Sections 8 and 17 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act'), along with all other proceedings arising therefrom. 2.

The learned counsel for the petitioners submits that the above FIR was got registered by Respondent no.2 owing to some misunderstanding between the parties, that is, petitioner no.1 respondent no.2. Respondent no.3 and 4 are parents of respondent no.2.

3.

The learned counsel for the petitioners submits that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have amicably settled all their inter se disputes and have executed a Settlement Agreement dated 09.04.2024.

4.

The respondent no.2, who appears through Video Conferencing alongwith her parents and has been duly identified by the Investigating Officer, affirms the settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. She further submits that she does not wish to pursue her complaint any more and has no objection if the present FIR is quashed.

5.

I have perused the contents of the FIR and also interacted with the respondent no.2.

6.

Keeping in view the fact that the parties have decided to move ahead with their lives and do not want to pursue the complaint any further, as also the settlement between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 7.

Guided by the principles enunciated by the Supreme Court in its judgments in Kapil Gupta v. State (NCT Delhi) 2022 SCC OnLine SC 1030; 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 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Accordingly, the petition is allowed. FIR No.368/2022 registered at Police Station: Khajuri Khas, Delhi, under Sections 363/342/354A/506 of the IPC and Sections 8 and 17 of the POCSO Act and all consequential proceedings emanating therefrom against the petitioners are quashed.

NAVIN CHAWLA, J MAY 29, 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.